THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


A  MANUAL  OF  LAWS 


RELATING   TO   THE 


STATE  BOARD  OF  CHARITY 

OF  MASSACHUSETTS 


PREPARED  BY  THE  SECRETARY  OF  THE  STATE   BOARD   OF   CHARITY. 
PUBLISHED  BY  AUTHORITY  OF  RESOLVES  OF  1913,  CHAPTER  14. 


This  compilation  comprises  all  Statutes  down  to  and  including 

the  Session  of  1915.    The  notes  on  decisions 

are  corrected  to  January,  1915. 


BOSTON : 

WEIGHT  &  POTTER  FEINTING  CO.,  STATE  PEINTEES, 

32  DEENE  STEEET. 

1915. 


The  following  Manual  is  so  arranged  that  the  chapters  of  the  Revised  Laws 
dealing  with  the  field  of  charity  are  given  consecutively.  Appended  to  each 
section  of  each  of  these  chapters  is  all  of  the  law  appertaining  that  has  been 
enacted  since  the  Revised  Laws  were  codified,  in  1902.  All  subsequent  laws  that 
deal  with  the  general  subject  of  the  chapter,  but  do  not  amend  or  repeal  specific 
sections,  appear  under  "Additional  Legislation"  directly  following  the  amend- 
ments. 

All  law  presently  in  force  appears  in  full-size  type.  All  portions  of  the  Revised 
Laws  and  subsequent  acts  that  have  been  repealed,  superseded  or  amended 
appear  in  small  type.  This  plan  is  followed  because,  though  the  superseded 
laws  are  essential  to  the  determination  of  many  cases  and  must  therefore  appear 
in  the  Manual,  there  should  be  some  mark  or  contrast  that  will  readily  distin- 
guish the  living  statutes  from  the  background  out  of  which  they  project. 

The  footnotes  in  this  volume  represent  a  partial  digest  of  the  Massachu- 
setts decisions  bearing  upon  the  text.  They  are  not  to  be  taken  as  authori- 
tative, and  are  intended  merely  as  a  guide  and  reference  for  agents  of  the 
Board  and  others  making  use  of  the  Manual. 


Hv 


A  COMPILATION  OF  LAWS  RELATING  TO 
THE  STATE  BOARD  OF  CHARITY, 


DISBURSING   OFFICERS.     ADVANCES   FROM   THE 
TREASURY. 

[1914,  370.] 

AN  ACT  RELATIVE  TO  ADVANCES  OF  MONEY  FROM  THE 
TREASURY  OF  THE  COMMONWEALTH  TO  CERTAIN 
OFFICIALS. 

SECTION  1.  Officers  who  are  authorized  to  expend  •^ 
money  in  behalf  of  the  commonwealth  may  have  money  j 
advanced  to  them  from  the  treasury,  in  such  sums  and  thJ 
subject  to  such  rules  and  regulations  as  the  auditor  of  dltions,Cetc" 
the  commonwealth  may  determine,  for  the  following  pur- 
poses and  subject  to  the  following  conditions :  —  To  carry 
out  the  provisions  of  law  requiring  weekly  payments  of 
wages,  to  secure  cash  discounts  wherever  possible,  and 
to  pay  the  necessary  expenses  incurred  by  them  or  by 
employees  of  their  departments  when  obliged  to  travel 
in  the  discharge  of  their  duties.  For  other  purposes, 
except  as  hereinafter  provided,  there  may  be  advanced  to 
them  sums  not  exceeding  one  hundred  and  fifty  dollars 
at  any  one  time. 

SECTION  2.     The  acting  paymaster  general  of  the  militia  Certain  officers 

»  i  »      i  m&y  have 

may  have  advanced  to  him  trom  the  treasury  or  the  com-  certain  sums 

advanced  to 

monwealth  one  hundred  per  cent  of  the  pay  and  mileage  them- 
for  duty  performed  at  camp  or  annual  drill,  under  such 
rules  and  regulations  as  the  auditor  may  prescribe,  and 
shall  return  the  unexpended  balance  of  the  sum  so  ad- 
vanced as  soon  as  possible,  or  at  such  times  as  the  auditor 
may  require;  the  board  of  prison  commissioners,  for  aiding 
prisoners  who  have  been  discharged  from  the  Massachu- 


1334458 


MANUAL  OF  LAWS. 


[Cn.  12. 


R.  L.  6,  §  35, 
and  sub- 
sequent acts 
repealed. 


Exemptions. 
R.  S.  7,  §  5. 
G.  S.  11,  §  5. 

Of  charitable, 
etc.,  insti- 
tutions. 
1830,  151,  §  6. 
R.  S.  7,  §  5, 
ch.  2. 

G.  S.  11,  §5, 
ch.  3. 

1874,  375,  §  8. 
1878,  214. 
P.  S.  11,  §  5, 
ch.  3. 
1882,  217,  §  2. 


setts  reformatory,  five  hundred  dollars;  the  sergeant-at- 
arms,  for  necessary  and  legitimate  expenditures  made  by 
him  for  committees  of  the  general  court  while  travelling 
under  an  order  thereof,  two  thousand  dollars,  and  for  the 
incidental  expenditures  made  by  him  in  the  care  of  the 
state  house  and  grounds,  five  hundred  dollars;  the  at- 
torney-general, five  hundred  dollars. 

SECTION  3.  Section  thirty-five  of  chapter  six  of  the 
Revised  Laws,  chapter  four  hundred  and  thirty-four  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  chapter 
two  hundred  and  eighteen  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  chapter  four  hundred  and  eighty-eight 
of  the  acts  of  the  year  nineteen  hundred  and  ten,  chapter 
one  hundred  and  forty-five  of  the  acts  of  the  year  nine- 
teen hundred  and  twelve,  chapter  three  hundred  and 
fifty-two  of  the  acts  of  the  year  nineteen  hundred  and 
twelve,  chapter  forty-five  of  the  acts  of  the  year  nineteen 
hundred  and  fourteen  and  all  other  acts  and  parts  of 
acts  inconsistent  herewith  are  hereby  repealed. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage. 
[Approved  April  17,  1914- 

For  provision  as  to  reimbursement  of  premiums  paid  on  official 
bonds,  see  1908,  469. 


CHARITABLE     CORPORATIONS.     EXEMPTION 
FROM  TAXATION. 

R.  L.  CHAPTER   12. 
PERSONS  AND  PROPERTY  EXEMPT  FROM  TAXATION. 

SECTION  5.  The  following  property  and  polls  shall  be 
exempted  from  taxation :  — 

The  personal  property  of  literary,  benevolent,  charitable 
and  scientific  institutions  and  of  temperance  societies 
incorporated  within  this  commonwealth,  the  real  estate 
owned  and  occupied  by  them  or  their  officers  for  the 
purposes  for  which  they  are  incorporated,  and  real  estate 
purchased  by  them  with  the  purpose  of  removal  thereto, 


1910,452.]  RECOMMENDATIONS  FOR  LEGISLATION. 

until  such  removal,  but  not  for  more  than  two  years  after  isse.  231. 

1888,  Io8. 

such  purchase.     Such  real  or  personal  property  shall  not  J8£9>  t65;., 

-  Ousn.  oil. 

be  exempt  if  any  of  the  income  or  profits  of  the  business  g|  Mass  '599 
of  such  corporation  is  divided  among  the  stockholders  or  lol  M^Si  470; 


members,  or  is  used  or  appropriated  for  other  than  literary,  ns'Mass.  sis 


educational,  benevolent,  charitable,  scientific  or   religious  ne  M^!  m, 

188 

purposes,  nor  shall  it  be  exempt   for  any  year  in  which  ns'Mass.  164, 

.  362. 

such  corporation  wilfully  omits  to  bring  in  to  the  assessors  12°  Mass-  212. 
the  list  and  statement  required  by  section  forty-one.  l^M^s'if' 

147  Mass.  396,       154  Mass.  15.       167  Mass.  505.      174  Mass.  144.     145  Mass!  Ill, 
427.  155  Mass.  329.       172  Mass.  60.       175  Mass.  188,     139. 

153  Mass.  85.       160  Mass.  409.      173  Mass.  232.      145,  293. 


RECOMMENDATIONS  FOR  LEGISLATION. 

[1910,  452.] 

AN  ACT  RELATIVE  TO  THE  RECOMMENDATIONS  FOR  LEGIS- 
LATION IN  THE  ANNUAL  REPORTS  OF  STATE  BOARDS 
AND  COMMISSIONS. 

SECTION  1.     Section  six  of  chapter  eighteen  of  the  Re-  R.  L.  is,  §e, 

.  amended. 

vised  Laws  is  hereby  amended  by  inserting  after  the 
word  "action",  in  the  sixth  line,  the  words:  —  such  rec- 
ommendations or  suggestions  to  be  accompanied  by 
drafts  of  bills  embodying  the  legislation  recommended,  - 

so  as  to  read  as  follows :  —  Section  6.     State  boards  and  Recommenda- 
tions for  legis- 

commissions  shall  annually,  on  or  before  the  first  Wednes-  Iation- etc- 
day  in  January,  deposit  with  the  secretary  of  the  com- 
monwealth such  parts  of  their  annual  reports  which  are 
required  to  be  made  to  the  governor  and  council  or  to 
the  general  court  as  contain  recommendations  or  sug- 
gestions for  legislative  action,  such  recommendations  or 
suggestions  to  be  accompanied  by  drafts  of  bills  embodying 
the  legislation  recommended,  and  the  secretary  shall 
forthwith  transmit  them  to  the  governor  and  council  or 
to  the  general  court. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  27,  1910. 

For    provision    exempting    the    Commission    on    Economy    and 
Efficiency,  see  1915,  222. 


MANUAL  OF  LAWS. 


[Cn.  30. 


Workhouses  or 

almshouses, 

commitments 

thereto. 

1743-4,  12, 

§§  1,  8. 

1788,  30, 

§§  7,  11. 

1828,  142,  §  3. 

R.  S.  16, 

§§  1.  22;  46,  §  4. 

1852,  275. 

1857,  153. 

G.  S.  22, 

§§  1,  22. 

P.  S.  33, 

§§  1,  22. 

8  Allen,  73. 

127  Mass.  4. 

137  Mass.  175. 

151  Mass.  507. 

152  Mass.  503. 
186  Mass.  342. 


Persons  com- 
mitted to 
almshouses, 
etc.,  for 
criminal 
offences  to  be 
confined  in 
separate 
quarters,  etc. 


WORKHOUSES  AND   ALMSHOUSES. 

R.  L.  CHAPTER  30. 
OF  WORKHOUSES  AND  ALMSHOUSES. 

SECTION  1.  A  city  or  town  may  erect  or  provide  a 
workhouse  or  almshouse  for  the  employment  and  support 
of  indigent  persons  maintained  by  or  receiving  alms  from 
it;  of  persons  who,  being  able  to  work  and  not  having 
estate  or  means  otherwise  to  maintain  themselves,  refuse 
or  neglect  to  work;  of  persons  who  live  a  dissolute,  va- 
grant life  and  exercise  no  ordinary  calling  or  lawful  busi- 
ness; of  persons  who  spend  their  time  and  property  in 
public  houses  to  the  neglect  of  their  proper  business  or 
who,  by  otherwise  misspending  their  earnings,  are  likely 
to  become  chargeable  to  the  city  or  town;  and  of  other 
persons  sent  thereto  under  any  provisions  of  law.1 

[1904,  274.] 

AN    ACT    RELATIVE    TO    THE     CUSTODY    OF    PERSONS    COMMITTED    TO    WORK- 
HOUSES   OR    ALMSHOUSES    FOR    CRIMINAL    OFFENCES. 

SECTION  1.  [Amended  by  1905,  348,  infra.]  Persons  committed  to 
any  workhouse  or  almshouse  established  under  the  provisions  of  section 
one  of  chapter  thirty  of  the  Revised  Laws,  for  vagrancy,  drunkenness  or 
petit  larceny,  or  as  night  walkers,  rogues  or  vagabonds,  or  for  any  other 
offence  against  the  laws  of  the  commonwealth,  shall  be  confined  in  separate 
and  distinct  quarters  in  such  workhouse  or  almshouse  and  shall  not  be 
permitted  to  associate  or  communicate  with  the  pauper  inmates  thereof. 

1  Where  the  municipal  authorities  provide  supplies  for  the  relief  of  the  poor  out- 
side the  almshouse  to  be  distributed  upon  order  of  the  overseers  and  have  notified 
the  overseers  to  that  effect,  the  said  overseers  have  no  authority  to  contract  debts 
for  supplies;  and  a  person  furnishing  such  supplies  with  knowledge  of  the  action  of 
the  authorities  cannot  recover  on  a  claim  for  goods  sold  and  delivered.  Ireland  v. 
Newburyport  (1864),  8  Allen,  73.  A  written  agreement  to  employ  a  warden  beyond 
the  current  year,  where  the  overseers  contracting  for  the  town  cease  as  a  board  to 
exist  at  the  expiration  of  such  year,  cannot  be  enforced  against  the  town  in  the  absence 
of  ratification  by  the  succeeding  board.  And  such  ratification  to  be  valid  must  have 
been  made  by  the  succeeding  overseers  as  a  body  and  not  individually.  Reed  v.  Lan- 
caster (1890),  152  Mass.  500.  A  city  or  town  is  not  liable  for  an  injury  to  an  inmate 
of  its  workhouse  though  sustained  in  the  course  of  labor  from  which  the  city  or  town 
derives  a  profit.  Curran  v.  Boston  (1890),  151  Mass.  505.  A  pauper  cannot  recover 
from  a  city  or  town  for  services  rendered  by  him  as  an  inmate  of  its  almshouse.  Xor 
can  a  city  or  town  recover  from  a  former  inmate  of  its  almshouse  for  money  expended 
for  his  use,  where  it  appears  that  while  being  so  supported  he  rendered  service  as  an 
inmate  equal  in  value  to  the  cost  of  his  support.  Taunton  v.  Talbot  (1904),  186  Mass. 
341.  But  in  general  a  pauper  is  entitled  to  set  up  the  value  of  services  rendered  to 
the  town  in  recoupment  against  a  claim  for  aid  rendered.  Millis  v.  Frink  (1913), 
213  Mass.  350. 


CH.30J      WORKHOUSES  AND  ALMSHOUSES. 

SECTION  2.     Any  officer  or  other  person  having  authority  in  or  over  Penalty, 
any  workhouse  or  almshouse  as  aforesaid,  who  knowingly  violates  the  pro- 
visions of  this  chapter,  shall  be  punished  by  a  fine  of  not  more  than  three 
hundred  dollars  or  by  imprisonment  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 

SECTION  3.     This  act  shall  take  effect  on  the  first  day  of  October  in  To  take  effect 
the  year  nineteen  hundred  and  four.     [Approved  April  30,  190^.  lM4°ber  lf 

[1905,  348.] 

AN  ACT  KELATIVE  TO   PERSONS   RECEIVED  IN  WORKHOUSES 
AND   ALMSHOUSES  AS   TRAMPS    OR  VAGRANTS. 

SECTION  1.     Section  one  of  chapter  two  hundred  and  1904, 274  §1, 

amended. 

seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
four  is  hereby  amended  by  inserting  after  the  word  "com- 
monwealth", in  the  sixth  line,  the  words: — and  persons 
received  therein  as  tramps  or  vagrants  without  commit- 
ment, —  so  as  to  read  as  follows :  —  Section  1 .  Persons  Tramps  and 
committed  to  any  workhouse  or  almshouse  established  sonscom- 

.   .  „  •  .  „  .  mitted  to 

under  the  provisions  of  section  one  of  chapter  thirty  of  aimshouses, 
the   Revised   Laws,   for   vagrancy,    drunkenness   or  petit  confined  in 

separate 

larceny,  or  as  night  walkers,  rogues  or  vagabonds,  or  for  quart618. etc- 
any  other  offence  against  the  laws  of  the  commonwealth, 
and  persons  received  therein  as  tramps  or  vagrants  with- 
out commitment,  shall  be  confined  in  separate  and  dis- 
tinct quarters  in  such  workhouse  or  almshouse  and  shall 
not  be  permitted  to  associate  or  communicate  with  the 
pauper  inmates  thejeof. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved,  April  28,  1905. 

For  other  provisions  as  to  the  lodging  of  tramps  and  vagrants, 
see  1905,  344,  p.  11,  infra. 

SECTION  2.     No  city  or  town  shall  erect  or  maintain  an  Location  of 

IT  t  f  .  .,.,,..„  almshouse. 

almshouse  or  house  or  correction  within  the  limits  01  any  1848,201. 

J    G.  S.  22,  §  2. 

other  city  or  town,  without  the  consent  of  the  latter.           p-  s.  33,  §  2. 
SECTION  3.     A  city  or  town  which  has  a  workhouse  or  Directors  of 

•ii  11          i  _LI  />  workhouse, 

almshouse  may  annually  choose  three,  rive,  seven  or  more  master,  etc. 

1743-4,  12, 

directors,   who   shall   have  the   management  thereof   and  §  i- 

1788,  30,  §  1. 

who  may  appoint  a  master  and  assistants.     If  such  di-  JKs-316' 


MANUAL  OF  LAWS. 


[Cn.  30. 


Q.  6.  22,  §3. 
P.  S.  33,  §  3. 
152  Mass.  503. 
186  Mass.  342. 
Meetings  of 
directors. 
1743-4,  12,  §  1. 
1788,  30,  §  1. 
R.  S.  16,  §  4. 
G.  S.  22,  §  4. 
P.  S.  33,  §  4. 


Joint  work-, 
houses. 
1743-1,  12,  §  2. 
1788,  30,  §  2. 
1828,  142,  §  3. 
R.  S.  16,  §  5; 
46,  §  4. 

Joint  board  of 
directors. 
1743-1,  12,  §  2. 
1788,  30,  §  2. 
R.  S.  16,  §  6. 
G.  S.  22,  §  6. 
P.  S.  33,  §  6. 


Each  place  to 
choose  three 
directors,  etc. 
1743-i,  12,  §  2. 
1788,  30,  §  2. 
R.  S.  16, 
§§  7,  8. 
G.  S.  22,  §  7. 
P.  S.  33,  §  7. 


Meetings  of 
directors. 
1743-4,  12,  §  3. 
1788,  30,  §  3. 
R.  S.  16,  §  9. 
G.  S.  22,  §  8. 
P.  S.  33,  §  8. 


Moderator  and 
clerk. 

1743-4,  12,  §  4. 
1788,  30,  §  3. 


rectors  are  not  chosen,  the  overseers  of  the  poor  shall  be 
the  directors. 

SECTION  4.  The  directors  shall  hold  general  meetings 
at  least  once  in  every  month  at  which  they  may  make 
orders  and  regulations  for  the  house,  which  shall  be  bind- 
ing until  the  next  meeting  of  the  town  or  of  the  city 
council,  when  the  same  shall  be  submitted  to  such  meet- 
ing, and  if  approved  shall  remain  in  force  until  revoked 
by  the  town  or  by  the  city  council. 

SECTION  5.  Any  number  of  cities  or  towns  may,  at 
their  joint  charge  and  for  their  common  use,  erect  or 
provide  a  workhouse  or  almshouse  and  purchase  land  for 
the  use  thereof.  G.  s.  22,  §  5.  p.  s.  33,  §  5. 

SECTION  6.  The  management  and  repair  of  such  house 
and  the  appointment,  or  removal  for  sufficient  cause,  of  a 
master  and  assistants  shall  be  vested  in  a  joint  board  of 
directors,  who  shall  be  chosen  annually  by  the  several 
cities  and  towns  interested. 

SECTION  7.  Unless  all  the  cities  and  towns  interested 
in  such  house  agree  to  choose  a  different  number,  each  of 
them  shall  choose  three  members  of  the  board;  and  upon 
the  death  of  a  director,  or  his  removal  from  the  place  for 
which  he  was  chosen,  the  vacancy  may  be  filled  by  such 
city  or  town.  If  a  city  or  town  neglects  to  choose  di- 
rectors, those  chosen  by  the  other  cities  and  towns  shall 
have  the  whole  charge  of  the  house.  • 

SECTION  8.  Quarterly  meetings  of  the  board  shall  be 
held  on  the  first  Tuesday  of  January,  April,  July  and 
October  at  the  workhouse  or  almshouse  under  its  charge, 
for  the  purpose  of  inspecting  the  management  and  direct- 
ing the  business  thereof.  Meetings  may  be  called  at 
other  times  by  the  directors  chosen  by  any  city  or  town 
interested,  by  giving  notice  of  the  time  and  purpose 
thereof  to  the  other  members  in  the  manner  fixed  by  the 
by-laws. 

SECTION  9.  The  board  of  directors  may  choose  a  mod- 
erator, and  at  their  first  general  meeting  they  shall  ap- 


CH.SO.]     WORKHOUSES  AND  ALMSHOUSES.  9 

point  a  clerk,   who  shall   be   sworn  and   shall  record   all  5-  §•  J^'  f  *°- 

(jr.   to.  44,    §  M. 

votes  and  orders  of  the  board.  P.  s.  33,  §9. 

SECTION  10.     If  one-half  of  the  members  are  present,  f7^wij'2et§C5 
at  a  quarterly  meeting,  they  may  make  reasonable  orders  ^8|  ^  §  4- 
and  by-laws,  not  inconsistent  with  law,  for  ordering  and  as.' 22,' §10. 
regulating  the  house  under  their  charge,  establishing  the 
manner  of  calling  meetings,  and  determining  the  compen- 
sation of  the  master  and  assistants. 

SECTION  11.     Other    matters    may    be    acted    upon    at  Boards  may 

act  upon  other 

any  meeting  duly  notified,  if  one-third  of  the  members  are  ^$£4*12  5 
present;  but  the  doings  of  such  meetings  may  be  altered  R8|.3i°6,§§4i2 
or  revised  at  any  general  meeting.  P.'f.'»,'|ii.' 

SECTION  12.     The    compensation    of    the    master    and  £0>Jfpbensa' 
assistants,  and  also  the  expense  of  keeping  the  house  in  ^43™  ^id§-  6 
repair,  shall  be  paid  by  the  several  cities  and  towns  in-  R8i.3i°6t§§5i3. 
terested,  in  proportion  to  their  state  tax  at  the  time  when  p.'s.'Js.'s'il.' 
the  expense  was  incurred,  or  in  such  proportion  as  they 
shall  agree. 

SECTION  13.     If  a  city  or  town  refuses  or  neglects  to  Remedy 

.  .  .,  against  places 

advance  or  reimburse  its  proportion  ot  the  sums  of  money  neglecting  to 
mentioned    in    the    preceding    section,    or    of    any    other  Jylg"4^12;  J 6- 
charges  mentioned  in  this  chapter,  after  it  has  been  ad-  §;  |-  $  f  {3- 
justed  by  the  joint  board  of  directors,  the  same  may  be  p' s' 33>  §  13 
recovered  in  an  action  of  contract  brought  by  any  person 
whom  the  board  in  writing  appoints  for  that  purpose. 

SECTION  14.     No  greater  number  of  persons  belonging  Number  of 

.  ,  inmates  to  be 

to  a  city  or  town  shall  be  received  into  such  workhouse  proportional. 
or  almshouse  than  such  city's  or  town's  proportion  of  such  ^8|f6-  §j6j5 
house,  when  it  would  exclude  or  be  inconvenient  to  such  p'j'jj'l^' 
as  belong  to  the  other  cities  or  towns  interested. 

SECTION  15.     During   the    time   that    a    city   or   town  Refusal  to 

»  ,  •  i       •  a  contribute, 

refuses  or  neglects  to  provide  its  proportion  ot  the  nee-  forfeits  right 

to  use  house. 

essary  expenses  of  such  house,  or  of  the  materials,  imple-  "H'V2.'  1 9' 
ments   or    other   means   for   performing   the   work   there  §•  |-  ^  |  }!?• 
required  according  to  its  agreement  or  to  the  directions  p' S-  33>  §  15- 
of  the  joint   board   of  directors,   it   shall   not   send   any 
person  thereto. 


10 


MANUAL  OF  LAWS. 


[Cn.  30. 


Each  place 
may  furnish 
materials,  etc., 
for  persons 
committed 
by  it. 

1743-4,  12,  §  10. 
1788,  30,  §  9. 
R.  S.  16,  §  17. 
G.  S.  22,  §  16. 
P.  S.  33,  §  16. 


Register  of 
inmates. 
1743-4,  12,  §  10. 
1788,  30,  §  9. 
R.  S.  16,  §  18. 
G.  S.  22,  §  17. 
P.  S.  33,  §  17. 
1901,  177. 


Controversies. 
1743-t,  12,  §  10. 
1788,  30,  §  9. 
R.  S.  16,  §  19. 
G.  S.  22,  §  18. 
P.  S.  33,  §  18. 


Profits  and 
earnings,  how 
appropriated. 
1743-4,  12,  §  12. 
1788,  30,  §  12. 
R.  S.  16,  §  23. 
G.  S.  22,  §  19. 
P.  S.  33,  §  19. 


Discharge  of 
inmates. 
1743-4,  12,  §  11. 
1788,  30,  §  10. 
R.  S.  16,  §  20. 
G.  S.  22,  §  20. 
1880,  221,  §  3. 
P.  S.  33,  §  20. 


Inmates  to  be 
employed. 
Discipline. 
1743-4,  12,  §  11. 
1788,  30,  §  10. 


SECTION  16.  Each  city  or  town  may  provide,  for  the 
employment  of  inmates,  such  additional  materials,  imple- 
ments and  means  of  work  as  the  overseers  of  the  poor 
thereof  may  choose;  and  the  master  of  the  house  shall 
receive  them  and  keep  them  separate  from  those  of  the 
other  cities  and  towns  and  shall  be  accountable  to  each 
city  and  town  interested  for  the  cost  and  for  all  profits  and 
earnings  of  the  inmates  of  said  house  from  such  place. 

SECTION  17.  Each  master  shall  keep  a  register,  in  a 
form  prescribed  by  the  state  board  of  charity,  of  the 
names  of  the  persons  committed  or  received,  the  cities  or 
towns  to  which  they  belong,  the  dates  of  their  reception 
and  discharge,  and  of  their  respective  earnings,  and  shall 
submit  it  to  the  overseers  of  the  poor  at  their  request. 

SECTION  18.  Controversies  between  a  master  and  the 
overseers  of  the  poor  of  any  city  or  town  relative  to  the 
accounts  or  other  official  doings  of  the  master  shall  be 
determined  by  the  directors  of  the  house  at  their  general 
or  quarterly  meeting. 

SECTION  19.  The  profits  and  earnings  of  inmates  of  a 
workhouse  or  almshouse  shall,  with  the  stock  remaining 
on  hand,  be  disposed  of  a?  the  overseers  of  the  poor  of  the 
several  cities  or  towns  shall  think  proper,  either  to  the  use 
of  their  cities  or  towns,  of  the  persons  committed  or  of  the 
families  of  such  persons. 

SECTION  20.  No  person  who  has  been  committed  to  a 
workhouse  shall  be  discharged  within  the  time  for  which 
he  was  committed  except  under  the  provisions  of  section 
one  hundred  and  twenty  of  chapter  two  hundred  and 
twenty-five,  or  by  the  court  or  justice  who  made  the  com- 
mitment, by  the  directors  of  the  house  at  their  general  or 
quarterly  meeting  or  by  the  superior  court  held  in  the 
county  where  such  house  is  situated,  and  for  good  cause 
shown  upon  application  for  that  purpose. 

SECTION  21.  Every  person  who  has  been  committed  to 
a  workhouse  shall,  if  able  to  work,  be  kept  diligently  em- 
ployed in  labor  during  the  term  of  his  commitment.  If  he 


CH.30J     WORKHOUSES  AND  ALMSHOUSES.  11 

is  idle  and  does  not  perform  such  reasonable  task  as  is  £•  |-  ™>  f  21. 

*J.  b.  II,  §  i\. 

assigned,  or  if  he  is  stubborn  and  disorderly,  he  shall  be  p-  s-  33-  §  21- 
punished  according  to  the  orders  and  regulations  estab- 
lished by  the  directors. 

SECTION  22.     When  a  person  not  having  a  legal  settle-  Provisions 

respecting 

ment  in  this  commonwealth  becomes  idle  or  indigent,  he  ^*°^d 
may  be  committed  to  the  workhouse,  to  be  there  employed,  p;f;3232;|f22- 
if  able  to  labor,  in  the  same  manner  and  under  the  same 
rules  as  other  persons  there  committed. 

SECTION  23.    A  workhouse  or  almshouse  may  be  discon-  Discontinuance 

of  workhouses. 


. 

tinued  or  appropriated  to  any  other  use  if  the  place  or  Jylf"^12/  y  *• 
places  interested  so  determine. 

R.  S.  16,  §  24.  G.  S.  22,  §  23.  P.  S.  33,  §  23. 

SECTION  24.     The  provisions  of  this  chapter  shall  not  Construction 

of  this  chapter. 

affect  any  powers  or  privileges  heretofore  granted  to  cities  ^"V^1  1§316' 
or  towns,  or  to  the  overseers  of  the  poor  thereof,  by  special  §;  |;  ^  |  fj; 
acts  relative  to  workhouses  or  almshouses  therein.  p"  S-  33>  §  24- 

ADDITIONAL   LEGISLATION. 

[1905,  162.1 

AN    ACT    RELATIVE    TO    THE    PREPARATION    OF    PLANS    FOR 
ALMSHOUSE   BUILDINGS. 

The  state  board  of  charity  is  authorized  to  advise  with  Preparation 

of  plans  for 

and  assist  overseers  of  the  poor  in  the  preparation  of  plans  almshouse 

buildings. 

for  almshouse  buildings,  the  expenses  to  be  paid  from 
the  appropriation  for  expenses  of  the  board.  [Approved 
March  10,  1905. 

[1905,  344.] 

AN    ACT    RELATIVE    TO    THE    LODGING    OF    TRAMPS    AND    VA- 
GRANTS  BY   CITIES  AND   TOWNS. 

Cities  and  towns  which  provide  lodging  for  tramps  and  Tramps,  etc., 

to  perform 

vagrants  shall  require  them,  if  physically  able,  to  perform  }0"|j°[nfgretc 
labor  of  some  kind  in  return  for  the  lodging  and  food  fur- 
nished  to  them;  and  the  places  in  which  such  persons  are 
lodged  shall  be  kept  in  such  order  and  condition  as  may  be 
prescribed  by  the  state  board  of  health.  [Approved  April 
26,  1905. 


12 


MANUAL  OF  LAWS. 


[Cn.  44. 


School  attend- 
ance regulated. 
1852,  240, 
§§  1,  2,  4. 
G.  S.41,  §1. 

1873,  279,  §  1. 

1874,  233,  §  1. 
P.  S.  47,  §  1. 

1889,  464,  §  1. 

1890,  384. 

1891,  361. 
1894,  188; 
498,  §  1. 
1898,  496, 
§§  12,  31. 

139  Mass.  374. 
148  Mass.  623. 
159  Mass.  372. 


School  attend- 
ance regulated; 
penalty. 


R.  L.  44.  §  1, 
amended. 


Certain 
children  to 
attend  school. 


SCHOOL  ATTENDANCE. 

R.  L.  CHAPTER  44. 
OF  SCHOOL  ATTENDANCE. 

SECTION  1.  [Amended  by  1905,  820;  1906,  383;  1913,  779,  §  1;  1915, 
81,  Gen.,  infra.}  Every  child  between  seven  and  fourteen  years  of  age 
shall  attend  some  public  day  school  in  the  city  or  town  in  which  he  resides 
during  the  entire  time  the  public  day  schools  are  in  session,  subject  to  such 
exceptions  as  to  children,  places  of  attendance  and  schools  as  are  provided 
for  in  section  three  of  chapter  forty-two  and  sections  three,  five  and  six  of 
this  chapter.  The  superintendent  of  schools  or,  if  there  is  no  superintendent 
of  schools,  the  school  committee,  or  teachers  acting  under  authority  of  said 
superintendent  or  committee,  may  excuse  cases  of  necessary  absence. 
The  attendance  of  a  child  upon  a  public  day  school  shall  not  be  required 
if  he  has  attended  for  a  like  period  of  time  a  private  day  school  approved 
by  the  school  committee  of  said  city  or  town  in  accordance  with  the  pro- 
visions of  the  following  section,  or  if  he  has  been  otherwise  instructed  for 
a  like  period  of  time  in  the  branches  of  learning  required  by  law  to  be  taught 
in  the  public  schools,  or  if  he  has  already  acquired  such  branches  of  learn- 
ing, or  if  his  physical  or  mental  condition  is  such  as  to  render  such  attend- 
ance inexpedient  or  impracticable.  Every  person  having  under  his  control 
a  child  as  described  in  this  section  shall  cause  him  to  attend  school  as  herein 
required;  and  if  he  fails  for  five  day  sessions  or  ten  half  day  sessions  within 
any  period  of  six  months  while  under  such  control  to  cause  sjch  child, 
whose  physical  or  mental  condition  is  not  such  as  to  render  his  attendance 
at  school  harmful  or  impracticable,  so  to  attend  school,  he  shall,  upon 
complaint  by  a  truant  officer  and  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  twenty  dollars.  Whoever  induces  or  attempts  to  induce 
a  child  to  absent  himself  unlawfully  from  school,  or  employs  or  harbors  a 
child  who,  while  school  is  in  session,  is  absent  unlawfully  from  school  shall 
be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

[1905,  320.] 

AN  ACT  TO  EXTEND  THE  AGE  FOB  COMPULSORY  ATTENDANCE   IN  THE   PUBLIC 
SCHOOLS    IN    CERTAIN    CASES. 

SECTION  1.  [Superseded  by  1906,  383;  1913,  779,  §  1;  1915,  81,  Gen., 
infra.]  Section  one  of  chapter  forty-four  of  the  Revised  Laws  is  hereby 
amended  by  inserting  after  the  word  "age",  in  the  second  line,  the  words: 
—  and  every  child  under  sixteen  years  of  age  who  cannot  read  at  sight 
and  write  legibly  simple  sentences  in  the  English  language,  —  so  as  to 
read  as  follows :  —  Section  1 .  Every  child  between  seven  and  fourteen 
years  of  age,  and  every  child  under  sixteen  years  of  age  who  cannot  read  at 
sight  and  write  legibly  simple  sentences  in  the  English  language,  shall 
attend  some  public  day  school  in  the  city  or  town  in  which  he  resides  during 
the  entire  time  the  public  day  schools  are  in  session,  subject  to  such  ex- 
ceptions as  to  children,  places  of  attendance  and  schools  as  aie  provided 
for  in  section  three  of  chapter  forty-two  and  sections  three,  five  and  six  of 
this  chapter.  The  superintendent  of  schools,  or,  if  there  is  no  superin- 
tendent of  schools,  the  school  committee,  or  teachers  acting  under  authority 
of  said  superintendent  or  committee,  may  excuse  cases  of  necessary  absence. 


CH.44.]  SCHOOL  ATTENDANCE.  13 

The  attendance  of  a  child  upon  a  public  day  school  shall  not  be  required 
if  he  has  attended  for  a  like  period  of  time  a  private  day  school  approved 
by  the  school  committee  of  such  city  or  town  in  accordance  with  the  pro- 
visions of  the  following  section,  or  if  he  has  been  otherwise  instructed  for 
a  like  period  of  time  in  the  branches  of  learning  required  by  law  to  be 
taught  in  the  public  schools,  or  if  he  has  already  acquired  such  branches 
of  learning,  or  if  his  physical  or  mental  condition  is  such  as  to  render  such 
attendance  inexpedient  or  impracticable.  Every  person  having  under  his  Penalties, 
control  a  child  as  described  in  this  section  shall  cause  him  to  attend  school 
as  herein  required;  and  if  he  fails  for  five  day  sessions  or  ten  half  day 
sessions  within  any  period  of  six  months  while  under  such  control  to  cause 
such  child,  whose  physical  or  mental  condition  is  not  such  as  to  render 
his  attendance  at  school  harmful  or  impracticable,  so  to  attend  school,  he 
shall,  upon  complaint  by  a  truant  officer  and  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  twenty  dollars.  Whoever  induces  or  attempts  to 
induce  a  child  to  absent  himself  unlawfully  from  school,  or  employs  or 
harbors  a  child  who,  while  school  is  in  session,  is  absent  unlawfully  from 
school  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

SECTION  2.     This  act  shall  take  effect  on  the  first  day  of  January  in  When  to  take 
the  year  nineteen  huncred  and  six.     [Approved  April  21,  1905. 

[1906,  383.] 

AN    ACT    RELATIVE    TO    COMPULSORY    EDUCATION. 

[Superseded  by  1913,  779,  §  1;  1915,  81,  Gen.,  infra.] 

Section  one  of  chapter  forty-four  of  the  Revised  Laws,  as  amended  by  R.  L.  44,  §  1, 
section  one  of  chapter  three  hundred  and  twenty  of  the  acts  of  the  year  igo'Vf1^1^ 
nineteen  hundred  and  five,  is  hereby  further  amended  by  inserting  after  187  Mass.  436. 
the  word  "dollars",  in  the  thirty-third  line,  the  words:  —  provided,  how-  Inn  M388' 112 
ever,  that  no  physical  or  mental  condition  which  is  capable  of  correction, 
or  which  renders  the  child  a  fit  subject  for  special  instruction  at  public 
charge  in  institutions  other  than  the  public  day  schools,  shall  avail  as  a 
defence  under  the  provisions  of  this  section  unless  it  shall  be  made  to  appear 
that  the  defendant  has  employed  all  reasonable  measures  for  the  correction 
of  the  condition,  or  the  suitable  instruction  of  the  child,  —  so  as  to  read 
as  follows:  —  Section  1.     Every  child  between  seven  and  fourteen  years  Certain 
of  age,  and  eveiy  child  under  sixteen  years  of  age  who  cannot  read  at  sight  children  to 

i      -ui  •      4.1.     ui      i-  v   i  u    11  j   attend  school, 

and  write  legibly  simple  sentences  in  the  English  language,  shall  attend 

some  public  day  school  in  the  city  or  town  in  which  he  resides  during  the 
entire  time  the  public  day  schools  are  in  session,  subject  to  such  exceptions 
as  to  children,  places  of  attendance  and  schools  as  are  provided  for  in  sec- 
tion three  of  chapter  forty- two  and  sections  three,  five  and  six  of  this  chap- 
ter. The  superintendent  of  schools  or,  if  there  is  no  superintendent  of 
schools,  the  school  committee,  or  teachers  acting  under  authority  of  said 
superintendent  or  committee,  may  excuse  cases  of  necessary  absence.  The 
attendance  of  a  child  upon  a  public  day  school  shall  not  be  required  if  he 
has  attended  for  a  like  period  of  time  a  private  day  school  approved  by 
the  school  committee  of  such  city  or  town  in  accordance  with  the  pro- 
visions of  the  following  section,  or  if  he  has  been  otherwise  instructed  for 
a  like  period  of  time  in  the  branches  of  learning  required  by  law  to  be  taught 
in  the  public  schools,  or  if  he  has  already  acquired  such  branches  of  learn- 
ing, or  if  his  physical  or  mental  condition  is  such  as  to  render  such  attend- 
ance inexpedient  or  impracticable.  Every  person  having  under  his  control  Penalties. 


14 


MANUAL  OF  LAWS. 


[Cn.  44. 


Proviso. 


R.  L.  44,  §  1, 
etc.,  amended. 


School  attend- 
ance of  certain 
children 
compulsory. 


Approval 
of  private 
schools. 


a  child  as  described  in  this  section  shall  cause  him  to  attend  school  as  herein 
required;  and  if  he  fails  for  five  day  sessions  or  ten  half  day  sessions  within 
any  period  of  six  months  while  under  such  control  to  cause  such  child, 
whose  physical  or  mental  condition  is  not  such  as  to  render  his  attendance 
at  school  harmful  or  impracticable,  so  to  attend  school,  he  shall,  upon 
complaint  by  a  truant  officer  and  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  twenty  dollars:  provided,  however,  that  no  physical 
or  mental  condition  which  is  capable  of  correction,  or  which  renders  the 
child  a  fit  subject  for  special  instruction  at  public  charge  in  institutions 
other  than  the  public  day  schools,  shall  avail  as  a  defence  under  the  pro- 
visions of  this  section  unless  it  shall  be  made  to  appear  that  the  defendant 
has  employed  all  reasonable  measures  for  the  correction  of  the  condition, 
or  the  suitable  instruction  of  the  child.  Whoever  induces  or  attempts  to 
induce  a  child  to  absent  himself  unlawfully  from  school,  or  employs  or 
harbors  a  child  who,  while  school  is  in  session,  is  absent  unlawfully  from 
school  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars.  [Approved 
May  11,  1906. 

[1913,  779,  §  1.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE    EMPLOYMENT    OF 

MINORS. 

SECTION  1.  [Amended  by  1915,  81,  Gen.,  infra.]  Section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended  by  chapter  three  hundred  and 
twenty  of  the  acts  of  the.  year  nineteen  hundred  and  five  and  by  chapter 
three  hundred  and  eighty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  is  hereby  further  amended  by  striking  out  the  said  section  and 
inserting  in  place  thereof  the  following:  —  Section  1.  Every  child  between 
se\en  and  fourteen  years  of  age,  every  child  under  sixteen  years  of  age 
who  does  not  possess  such  ability  to  read,  write  and  spell  in  the  English 
language  as  is  required  for  the  completion  of  the  fourth  grade  of  the  public 
schools  of  the  city  or  town  in  which  he  resides,  and  every  child  under  sixteen 
years  of  age  who  has  not  received  an  employment  certificate  as  provided 
in  this  act  and  is  not  engaged  in  some  regular  employment  or  business  for 
at  least  six  hours  per  day  or  has  not  the  written  permission  of  the  superin- 
tendent of  schools  of  the  city  or  town  in  which  he  resides  to  engage  in 
profitable  employment  at  home,  shall  attend  a  public  day  school  in  said 
city  or  town  or  some  other  day  school  approved  by  the  school  committee, 
during  the  entire  time  the  public  schools  are  in  session,  subject  to  such 
exceptions  as  are  provided  for  in  sections  four,  five  and  six  of  this  chapter 
and  in  section  three  of  chapter  forty-two  of  the  Revised  Laws,  as  amended 
by  chapter  four  hundred  and  thirty-three  of  the  acts  of  the  year  nineteen 
hundred  and  two,  and  by  chapter  five  hundred  and  thirty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  eleven;  but  such  attendance  shall 
not  be  required  of  a  child  whose  physical  or  mental  condition  is  such  as 
to  render  attendance  inexpedient  or  impracticable,  or  who  is  being  other- 
wise instructed  in  a  manner  approved  in  advance  by  the  superintendent 
of  schools  or  the  school  committee.  The  superintendent  of  schools,  or 
teachers  in  so  far  as  authorized  by  said  superintendent  or  by  the  school 
committee,  may  excuse  cases  of  necessary  absence  for  other  causes  not 
exceeding  five  day  sessions  or  ten  half-day  sessions  in  any  period  of  six 
mqnths.  For  the  purposes  of  this  section,  school  committees  shall  ap- 
prove a  private  school  only  when  the  instruction  in  all  the  studies  required 
by  law  is  in  the  English  language,  and  when  they  are  satisfied  that  such 


Cn.44.]  SCHOOL  ATTENDANCE.  15 

instruction  equals  in  thoroughness  and  efficiency,  and  in  the  progress  made 
therein,  the  instruction  in  the  public  schools  in  the  same  city  or  town; 
but  they  shall  not  refuse  to  approve  a  private  school  on  account  of  the 
religious  teaching  therein.  [Approved  June  13,  1918. 

[1915,  81,  §  I/GEN.] 

AN  ACT  RELATIVE  TO  SCHOOL  ATTENDANCE  AND  TO  THE 

EMPLOYMENT  OF  MINORS. 
SECTION   1 .     Section  one  of  chapter  forty-four  of  the  R.  L.  44,  §  i, 

amended. 

Revised  Laws,  as  amended  by  chapter  three  hundred  and 
twenty  of  the  acts  of  the  year  nineteen  hundred  and  five, 
by  chapter  three  hundred  and  eighty-three  of  the  acts  of 
the  year  nineteen  hundred  and  six,  and  by  section  one  of 
chapter  seven  hundred  and  seventy-nine  of  the  acts  of  the 
year  nineteen  hundred  and  thirteen,  is  hereby  further 
amended  by  striking  out,  in  the  thirtieth  line,  the  word 
"five,"  and  inserting  in  place  thereof  the  word:  —  seven, 
—  and  by  striking  out  the  word  "ten,"  in  the  same  line, 
and  inserting  in  place  thereof  the  word :  —  fourteen,  —  so 
as  to  read  as  follows:  —  Section  1,  Every  child  between  school  attend- 

.  ance  of  certain 

seven  and  fourteen  years  of  age,  every  child  under  sixteen  children 

compulsory. 

years  of  age  who  does  not  possess  such  ability  to  read,  write 
and  spell  in  the  English  language  as  is  required  for  the  com- 
pletion of  the  fourth  grade  of  the  public  schools  of  the  city 
or  town  in  which  he  resides,  and  every  child  under  sixteen 
years  of  age  who  has  not  received  an  employment  certifi- 
cate as  provided  in  this  act  and  is  not  engaged  in  some 
regular  employment  or  business  for  at  least  six  hours  per 
day  or  has  not  the  written  permission  of  the  superin- 
tendent of  schools  of  \he  city  or  town  in  which  he  resides 
to  engage  in  profitable  employment  at  home,  shall  attend 
a  public  day  school  in  said  city  or  town  or  some  other  day 
school  approved  by  the  school  committee,  during  the  entire 
time  the  public  schools  are  in  session,  subject  to  such 
exceptions  as  are  provided  for  in  sections  four,  five  and  six 
of  this  chapter  and  in  section  three  of  chapter  forty-two 
of  the  Revised  Laws,  as  amended  by  chapter  four  hundred 
and  thirty-three  of  the  acts  of  the  year  nineteen  hundred 


16 


MANUAL  OF  LAWS. 


[Cn.  44. 


and  two,  and  by  chapter  five  hundred  and  thirty-seven  of 
the  acts  of  the  year  nineteen  hundred  and  eleven;  but 
such  attendance  shall  not  be  required  of  a  child  whose 
physical  or  mental  condition  is  such  as  to  render  attend- 
ance inexpedient  or  impracticable,  or  who  is  being  other- 
wise instructed  in  a  manner  approved  in  advance  by  the 
superintendent  of  schools  or  the  school  committee.  The 
superintendent  of  schools  or  teachers  in  so  far  as  author- 
ized by  said  superintendent  or  by  the  school  committee, 
may  excuse  cases  of  necessary  absence  for  other  causes  not 
exceeding  seven  day  sessions  or  fourteen  half-day  sessions 
in  any  period  of  six  months.  For  the  purposes  of  this 
section,  school  committees  shall  approve  a  private  school 
only  when  the  instruction  in  all  the  studies  required  by 
law  is  in  the  English  language,  and  when  they  are  satisfied 
that  such  instruction  equals  in  thoroughness  and  efficiency, 
and  in  the  progress  made  therein,  the  instruction  in  the 
public  schools  in  the  same  city  or  town;  but  they  shall 
not  refuse  to  approve  a  private  school  on  account  of  the 
religious  teaching  therein.  [Approved  March  18,  1915. 


Attendance 
at  schools  in 
places  other 
than  residence 
of  parents  or 
guardians 
regulated. 
1857,  132. 
G.  S.  41,  §  7. 
1876,  186,  §  2. 
P.  S.  47,  §  8. 
1894,  498,  5  8. 
1896,  382. 
1898,  496,  §  8. 
103  Mass.  104. 
164  Mass.  430. 


SECTION  4.  [Amended  by  1905,  375;  1911,  268,  §  2;  1913,  779,  §  4; 
1915,  78,  Gen.,  infra.]  If  a  child  resides  in  a  city  or  town  other  than  that 
of  the  legal  residence  of  his  parent  or  guardian  for  the  sole  purpose  of  there 
attending  school,  his  parent  or  guardian  shall  be  liable  to  said  city  or  town 
for  his  tuition  while  attending  school  in  said  city  or  town  to  an  amount 
equal  to  the  average  expense  of  such  school  for  each  pupil  during  the  pre- 
ceding year,  for  a  period  equal  to  the  time  during  which  the  child  so  attends, 
unless  the  city  or  town  in  which  the  parent  or  guardian  resides  is  required 
by  section  three  of  chapter  forty-two  to  pay  for  said  tuition.  For  the 
tuition  in  the  public  schools  in  any  city  or  town  of  a  child  between  the 
ages  of  five  and  fifteen  years  who  shall  be  piaced  elsewhere  than  in  his 
own  home  by  the  state  board  of  charity,  or  by  the  trustees  of  the  Lyman 
and  industrial  schools,  or  kept  under  the  control  of  either  of  said  boards  in 
said  city  or  town,  the  commonwealth  shall  pay  to  said  city  or  town,  and 
for  such  tuition  of  any  such  child  so  placed  by  the  trustees  for  children  of 
the  city  of  Boston,  or  so  kept  under  the  control  of  said  trustees,  the  city  of 
Boston  from  its  appropriation  for  school  purposes,  shall  pay  to  said  city 
or  town,  fifty  cents  for  each  week  of  five  days,  or  major  part  thereof,  of 
attendance  of  every  such  child  in  the  public  schools.  For  the  transporta- 
tion to  and  from  a  public  school  of  any  child  whose  tuition  is  payable  by 
the  commonwealth  or  by  the  city  of  Boston  under  the  provisions  of  this 
section,  the  commonwealth  or  the  city  of  Boston,  as  the  case  may  be,  shall 
pay  to  the  city  or  town  furnishing  such  transportation,  for  each  week  of 


Cn.44.]  SCHOOL  ATTENDANCE.  17 

five  days  or  major  part  thereof,  an  amount  equal  to  the  average  amount 
for  each  child  paid  by  said  city  or  town  per  week  for  the  transportation  of 
children  to  and  from  school  over  the  route  by  which  such  child  is  conveyed. 
Settlements  of  the  accounts  of  the  several  cities  and  towns  with  the  com- 
monwealth and  with  the  city  of  Boston  shall  be  made  annually  on  the  first 
day  of  April,  and  the  amounts  found  due  shall  be  paid  within  three  months 
thereafter.  The  money  received  by  said  cities  and  towns  under  the  pro- 
visions of  this  section  shall  be  applied  to  the  support  of  schools.  For  the 
tuition  in  the  public  schools  in  any  town  of  less  than  ten  thousand  inhab- 
itants of  any  child  between  the  ages  of  five  and  fifteen  years  not  theretofore 
resident  in  such  town,  who  is  an  inmate  of  an  institution  containing  more 
than  six  inmates,  said  town  may  recover  from  said  institution  the  extra 
school  expense  incurred,  as  may  be  determined  jointly  by  the  school  com- 
mittee of  said  town  and  the  trustees  or  managers  of  said  institution,  or, 
in  case  of  disagreement  between  said  school  committee  and  said  trustees 
or  managers,  as  may  be  decreed  by  the  probate  court;  but  no  demand 
shall  be  made  upon  said  trustees  or  managers  without  a  vote  of  the  town 
instructing  the  school  committee  to  that  eflect. 

[1905,  375.] 

AN   ACT   RELATIVE    TO    1HE    RIGHT   OF    CHILDREN    OF    NON-RESIDENT   PARENTS 
TO    ATTEND    PUBLIC    SCHOOLS. 

SECTION  1.     [Amended  by  1911,  268,   §  2;    1913,   779,   §  4;    1915,  78,  R.  L.  44,  §  4, 
Gen.,  infra.]     Section  four  of  chapter  forty- four  of  the  Revised  Laws  is  amended. 
hereby  amended  by  striking  out  all  after  the  word   "guardian",  in  the 
second  line,  to  and  including  the  word  "to",  where  said  word  first  occurs 
in  the  fifth  line,  and  inserting  in  place  thereof  the  words: — and  in  the 
opinion  of  the  school  committee  of  the  said  city  or  town  such  residence  is 
for  the  purpose  of  there  attending  school  in  preference  to  the  place  of  the 
legal  residence  of  his  parent  or  guardian,  the  said  city  or  town  may  recover 
from  the  parent  or  guardian  for  the  tuition  of  said  child,  while  there  at- 
tending school,  subject  to  appeal  to  the  probate  court,  —  so  as  to  read  as 
follows:  —  Section  4-     If  &  child  resides  in  a  city  or  town  other  than  that  Attendance  of 
of  the  legal  residence  of  his  parent  or  guardian,  and  in  the  opinion  of  the      J*    ,®n-  at 
school  committee  of  the  said  city  or  town  such  residence  is  for  the  purpose  places  other 
of  there  attending  school  in  preference  to  the  place  of  the  legal  residence  t^an  residence 
of  his  parent  or  guardian,  the  said  city  or  town  may  recover  from  the  parent  guardians 
or  guardian  for  the  tuition  of  said  child,  while  there  attending  school,  subject  resulated. 
to  appeal  to  the  probate  court,  an  amount  equal  to  the  average  expense  of 
such  school  for  each  pupil  during  the  preceding  year,  for  a  period  equal 
to  the  time  during  which  the  child  so  attends,  unless  the  city  or  town  in 
which  the  parent  or  guardian  resides  is  required  by  section  three  of  chapter 
forty-two  to  pay  for  said  tuition.     For  the  tuition  in  the  public  schools  in 
any  city  or  town  of  a  child  between  the  ages  of  five  and  fifteen  years  who 
shall  be  placed  elsewhere  than  in  his  own  home  by  the  state  board  of  charity, 
or  by  the  trustees  of  the  Lyman  and  industrial  schools,  or  kept  under  the 
control  of  either  of  said  boards  in  said  city  or  town,  the  commonwealth 
shall  pay  to  said  city  or  town,  and  for  such  tuition  of  any  such  child  so 
placed  by  the  trustees  for  children  of  the  city  of  Boston,  or  so  kept  under 
the  control  of  said  trustees,  the  city  of  Boston  from  its  appropriation  for 
school  purposes,  shall  pay  to  said  city  or  town,  fifty  cents  for  each  week 
of  five  days,  or  major  part  thereof,  of  attendance  of  every  such  child  in 


18 


MANUAL  OF  LAWS. 


[Cn.  44. 


R.  L.  44,  §  4, 
etc.,  amended.- 


Attendance  at 
schools  in 
places  other 
than  residence 
of  parents  or 
guardians 
regulated,  etc. 


the  public  schools.  For  the  transportation  to  and  from  a  public  school  of 
any  child  whose  tuition  is  payable  by  the  commonwealth  or  by  the  city 
of  Boston  under  the  provisions  of  this  section,  the  commonwealth  or  the 
city  of  Boston,  as  the  case  may  be,  shall  pay  to  the  city  or  town  furnishing 
such  transportation,  for  each  week  of  five  days  or  major  part  thereof,  an 
amount  equal  to  the  average  amount  for  each  child  paid  by  said  city  or 
town  per  week  for  the  transportation  of  children  to  and  from  school  over 
ihe  route  by  which  such  child  is  conveyed.  Settlements  of  the  accounts 
of  the  several  cities  and  towns  with  the  commonwealth  and  with  the  city 
of  Boston  shall  be  made  annually  on  the  first  day  of  April,  and  the  amounts 
found  due  shall  be  paid  within  three  months  thereafter.  The  money  re- 
ceived by  said  cities  and  towns  under  the  provisions  of  this  section  shall 
be  applied  to  the  support  of  schools.  For  the  tuition  in  the  public  schools 
in  any  town  of  less  than  ten  thousand  inhabitants  of  any  child  between  the 
ages  of  five  and  fifteen  years  not  theretofore  resident  in  such  town,  who 
is  an  inmate  of  an  institution  containing  more  than  six  inmates,  said  town 
may  recover  from  said  institution  the  extra  school  expense  incurred,  as 
may  be  determined  jointly  by  the  school  committee  of  said  town  and  the 
trustees  or  managers  of  said  institution,  or,  in  case  of  disagreement  between 
said  school  committee  and  said  trustees  or  managers,  as  may  be  decreed  by 
the  probate  court;  but  no  demand  shall  be  made  upon  said  trustees  or 
managers  without  a  vote  of  the  town  instructing  the  school  committee  to 
that  effect. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  5,  1905. 

[1911,  268,  §  2.] 

AN  ACT  EELATIVE  TO  ATTENDANCE  UPON  THE  PUBLIC  SCHOOLS. 

SECTION  2.  [Amended  by  1918,  779,  §  4;  1915,  78,  Gen.,  infra.}  Section 
four  of  said  chapter  forty-four,  as  amended  by  chapter  three  hundred  and 
seventy-five  of  the  acts  of  the  year  nineteen  hundred  and  five,  is  hereby 
further  amended  by  inserting  after  the  word  "child",  in  the  second  line, 
the  words:  —  whose  parent  or  guardian  has  a  legal  residence  within  the 
commonwealth,  —  and  by  inserting  after  the  words  "pay  for  said  tuition", 
in  the  fifteenth  line,  the  words:  —  A  child  whose  parent  or  guardian  has 
no  legal  residence  in  the  commonwealth  may  be  permitted,  in  the  discretion 
of  the  school  committee  in  charge,  to  attend  the  schools  of  any  city  or  town 
on  payment  as  tuition  of  an  amount  not  less  than  the  average  cost  of  edu- 
cation per  pupil  in  the  school  which  the  said  child  attends,  —  so  as  to  read 
as  follows: —  Section  4-  If  a  child,  whose  parent  or  guardian  has  a  legal 
residence  within  the  commonwealth,  resides  in  a  city  or  town  other  than 
that  of  the  legal  residence  of  his  parent  or  guardian,  and  in  the  opinion  of 
the  school  committee  of  the  said  city  or  town  such  residence  is  for  the 
purpose  of  there  attending  school  in  preference  to  the  place  of  the  legal 
residence  of  his  parent  or  guardian,  the  said  city  or  town  may  recover  from 
the  parent  or  guardian  for  the  tuition  of  said  child,  while  there  attending 
school,  subject  to  appeal  to  the  probate  court,  an  amount  equal  to  the 
average  expense  of  such  school  for  each  pupil  during  the  preceding  year, 
for  a  period  equal  to  the  time  during  which  the  child  so  attends,  unless  the 
city  or  town  in  which  the  parent  or  guardian  resides  is  required  by  section 
three  of  chapter  forty-two  to  pay  for  said  tuition.  A  child  whose  parent  or 
guardian  has  no  legal  residence  in  the  commonwealth  may  be  permitted, 
in  the  discretion  of  the  school  committee  in  charge,  to  attend  the  schools 


CH.44.]  SCHOOL  ATTENDANCE.  19 

of  any  city  or  town  on  payment  as  tuition  of  an  amount  not  less  than  the 
average  cost  of  education  per  pupil  in  the  school  which  the  said  child  attends. 
For  the  tuition  in  the  public  schools  in  any  city  or  town  of  a  child  between 
the  ages  of  five  and  fifteen  years  who  shall  be  placed  elsewhere  than  in  his 
own  home  by  the  state  board  of  charity,  or  by  the  trustees  of  the  Lyman 
and  industrial  schools,  or  kept  under  the  control  of  either  of  said  boards  in 
said  city  or  town,  the  commonwealth  shall  pay  to  said  city  or  town,  and 
for  such  tuition  of  any  such  child  so  placed  by  the  trustees  for  children  of 
the  city  of  Boston,  or  so  kept  under  the  control  of  said  trustees,  the  city  of 
Boston  from  its  appropriation  for  school  purposes,  shall  pay  to  said  city 
or  town,  fifty  cents  for  each  week  of  five  days,  or  major  part  thereof,  of 
attendance  of  every  such  child. in  the  public  schools.  For  the  transportation 
to  and  from  a  public  school  of  any  child  whose  tuition  is  payable  by  the 
commonwealth  or  by  the  city  of  Boston  under  the  provisions  of  this  section, 
the  commonwealth  or  the  city  of  Boston,  as  the  case  may  be,  shall  pay  to 
the  city  or  town  furnishing  such  transportation,  for  each  week  of  five  days 
or  major  part  thereof,  an  amount  equal  to  the  average  amount  for  each 
child  paid  by  said  city  or  town  per  week  for  the  transportation  of  children 
to  and  from  school  over  the  route  by  which  such  child  is  conveyed.  Settle- 
ments of  the  accounts  of  the  several  cities  and  towns  with  the  common- 
wealth and  with  the  city  of  Boston  shall  be  made  annually  on  the  first  day 
of  April,  and  the  amounts  found  due  shall  be  paid  within  three  months 
thereafter.  The  money  received  by  said  cities  and  towns  under  the  pro- 
visions of  this  section  shall  be  applied  to  the  support  of  schools.  For  the 
tuition  in  the  public  schools  in  any  town  of  less  than  ten  thousand  inhab- 
itants of  any  child  between  the  ages  of  five  and  fifteen  years  not  theretofore 
resident  in  such  town,  who  is  an  inmate  of  an  institution  containing  more 
than  six  inmates,  said  town  may  recover  from  said  institution  the  extra 
school  expense  incurred,  as  may  be  determined  jointly  by  the  school  com- 
mittee of  said  town  and  the  trustees  or  managers  ot  said  institution,  or,  in 
case  of  disagreement  between  said  school  committee  and  said  trustees  or 
managers  as  may  be  decreed  by  the  probate  court;  but  no  demand  shall 
be  made  upon  said  trustees  or  managers  without  a  vote  of  the  town  in- 
structing the  school  committee  to  that  effect.  [Approved  April  10,  1911. 

[1913,  779,  §  4.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE    EMPLOYMENT    OF 

MINORS. 

SECTION  4.     [Amended  by  1915,  78,  Gen.,  infra.]     Section  four  of  said  R.  L.  44,  §  4, 
chapter  forty-four,  as  amended  by  chapter  three  hundred  and  seventy-five  e*c-'  amended, 
of  the  acts  of  the  year  nineteen  hundred  and  five  and  by  section  two  of 
chapter  two  hundred  and  sixty-eight  of  the  acts  of  the  year  nineteen  hun- 
dred and  eleven,  is  hereby  further  amended  by  striking  out  the  said  section 
and  inserting  in  place  thereof  the  following:  —  Section  4-     It  shall  be  the  Attendance  at 
duty  of  the  school  committee  of  each  city  or  town  to  provide  for  the  attend-  schools  in 
ance  of  all  children  of  school  age  resident  therein  and  to  enforce  the  same  than  residence 
under  the  provisions  of  section  one  of  this  chapter.     But  if  a  child  who  is  of  parents,  etc. 
required  by  the  provisions  of  said  section  one  to  attend  school  resides  tempo- 
rarily in  a  city  or  town  other  than  that  of  the  legal  residence  of  the  parent 
or  guardian  for  the  especial  purpose  of  attending  school  there  in  preference 
to  the  place  of  such  legal  residence,  the  said  city  or  town  may,  for  the  tuition 
of  such  child  during  the  period  of  such  attendance,  recover  from  the  parent 


20 


MANUAL  OF  LAWS. 


[Cn.  44. 


Tuition. 


Tuition. 


Transpor- 
tation. 


Settlement  of 
accounts,  etc. 


or  guardian,  whether  he  resides  within  or  without  the  commonwealth,  a 
sum  equal  to  the  average  expense  per  pupil  of  such  school  for  that  period, 
unless  under  the  provisions  of  section  three  of  chapter  forty-two  of  the 
Revised  Laws,  as  amended  by  chapter  four  hundred  and  thirty-three  of 
the  acts  of  the  5~ear  nineteen  hundred  and  two,  and  by  chapter  five  hundred 
and  thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and  eleven,  or  of 
section  five  of  chapter  forty-four  of  the  Revised  Laws,  such  tuition  is  re- 
coverable from  the  city  or  town  in  which  the  parent  or  guardian  resides. 

A  child  who  is  not  required  by  the  provisions  of  section  one  of  this  chapter 
to  attend  school  may,  in  the  discretion  of  the  school  committee,  be  required 
as  a  condition  of  admission  to  a  school  in  a  city  or  town  other  than  that  in 
which  his  parent  or  guardian  has  a  legal  residence,  to  pay  as  tuition  a  sum 
equal  to  the  average  expense  per  pupil  in  the  school  which  such  child  seeks 
to  enter,  the  same  to  be  paid  annually,  semi-annually  or  at  other  periods 
in  advance  as  the  school  committee  may  determine. 

For  the  tuition  in  the  public  schools  in  any  city  or  town  of  any  child 
between  the  ages  of  five  and  fifteen  years  who  shall  be  placed  elsewhere 
than  in  his  own  home  by  the  state  board  of  charity,  or  by  the  trustees  of 
the  Massachusetts  training  schools,  or  kept  under  the  control  of  either  of 
said  boards  in  such  city  or  town,  the  commonwealth  shall  pay  to  said  city 
or  town,  and  for  such  tuition  of  any  such  child  so  placed  by  the  trustees  for 
children  of  the  city  of  Boston,  or  so  kept  under  the  control  of  said  trustees, 
the  city  of  Boston  from  its  appropriation  for  school  purposes,  shall  pay  to 
said  city  or  town  fifty  cents  for  each  week  of  five  days,  or  major  part  thereof, 
of  attendance  of  every  such  child  in  the  public  schools,  or,  if  the  school 
committee  of  said  city  or  town  so  desires,  an  amount  equal  to  the  average 
expense  for  each  pupil  of  such  school  during  the  preceding  year,  for  a  period 
equal  to  the  time  during  which  the  child  so  attends. 

For  the  transportation  to  and  from  a  public  school  of  any  child  whose 
tuition  is  payable  by  the  commonwealth  or  by  the  city  of  Boston  under 
the  provisions  of  this  section,  the  commonwealth  or  the  city  of  Boston,  as 
the  case  may  be,  shall  pay  to  the  city  or  town  furnishing  such  transportation, 
for  each  week  of  five  days  or  major  part  thereof,  an  amount  equal  to  the 
average  amount  for  each  child  paid  by  said  city  or  town  per  week  for  the 
transportation  of  children  to  and  from  school  over  the  route  by  which  such 
child  is  conveyed.  Settlements  of  the  accounts  of  the  several  cities  and 
towns  with  the  commonwealth  and  with  the  city  of  Boston  shall  be  made 
annually  on  the  first  day  of  April,  and  the  amounts  found  due  shall  be 
paid  within  three  months  thereafter.  The  money  received  by  said  cities 
and  towns  under  the  provisions  of  this  section  shall  be  applied  to  the  support 
of  schools.  For  the  tuition  in  the  public  schools  in  any  town  of  less  than 
ten  thousand  inhabitants  of  any  child  between  the  ages  of  five  and  fifteen 
years  not  theretofore  resident  in  such  town,  who  is  an  inmate  of  an  institu- 
tion containing  more  than  six  inmates,  such  town  may  recover  from  said 
institution  the  additional  expense  incurred,  as  may  be  determined  jointly 
by  the  school  committee  of  said  town  and  the  trustees  or  managers  of  said 
institution,  or,  in  case  of  disagreement  between  said  school  committee  and 
said  trustees  or  managers,  as  may  be  decreed  by  the  probate  court;  but 
no  demand  shall  be  made  upon  said  trustees  or  managers  without  a  vote 
of  the  town  instructing  the  school  committee  to  that  effect.  [Approved 
June  13.  1913. 


CH.44.J  SCHOOL  ATTENDANCE.  21 


[1915,  78,  GEN.] 
AN  ACT  RELATIVE  TO  THE  SCHOOL  ATTENDANCE  OF  MINORS. 

Section  four  of  chapter  forty-four  of  the  Revised  Laws,  R.  L.44,  §4, 

etc.,  amended. 

as  amended  by  chapter  three  hundred  and  seventy-five  of 
the  acts  of  the  year  nineteen  hundred  and  five,  and  by 
section  two  of  chapter  two  hundred  and  sixty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  eleven,  and  by  sec- 
tion four  of  chapter  seven  hundred  and  seventy-nine  of 
the  acts  of  the  year  nineteen  hundred  and  thirteen,  is 
hereby  further  amended  by  striking  out  the  word  "fifty", 
in  the  forty-second  line  and  inserting  in  place  thereof  the 
word :  —  seventy-five,  and  by  striking  out,  after  the  word 
"schools"  in  the  forty-fourth  line  the  words  "or,  if  the 
school  committee  of  said  city  or  town  so  desires,  an 
amount  equal  to  the  average  expense  for  each  pupil  of 
such  school  during  the  preceding  year,  for  a  period  equal 
to  the  time  during  which  the  child  so  attends",  —  so  that 
the  third  paragraph  of  the  section  will  read  as  follows :  — 

For  the  tuition  in  the  public  schools  in  any  city  or  town  Rate  of  reim- 

,.,..  .  „,,  „  „  .        bursement  for 

or  any  child  between  the  ages  01  five  and  ntteen  years  who  tuition  to  be 

.  seventy-five 

shall  be  placed  elsewhere  than  in  his  own  home  bv  the  cents  per  week 

for  each  child. 

state  board  of  charity,  or  by  the  trustees  of  the  Massa- 
chusetts training  schools,  or  kept  under  the  control  of 
either  of  said  boards  in  such  city  or  town,  the  common- 
wealth shall  pay  to  said  city  or  town,  and  for  such  tuition 
of  any  such  child  so  placed  by  the  trustees  for  children  of 
the  city  of  Boston,  or  so  kept  under  control  of  said  trus- 
tees, the  city  of  Boston  from  its  appropriation  for  school 
purposes,  shall  pay  to  said  city  or  town,  seventy-five  cents 
for  each  week  of  five  days,  or  major  part  thereof,  of 
attendance  of  every  such  child  in  the  public  schools. 
[Approved  March  18,  1915. 


22  MANUAL  OF  LAWS.  [Cn.46. 

TRUANTS  AND   TRUANT   SCHOOLS. 

R.  L.  CHAPTER  46. 
OF  TRUANTS  AND  TRUANT  SCHOOLS. 

Truant  SECTION  1.     [Amended   by   1902,   256.     Superseded   by   1918,    779,    §    5, 

1873^262,  §  5.  infra.     See   also   1908,    103,    infra.]     The    county    commissioners   of   each 

1881,  144.  county,  except  the  counties  of  Barnstable,    Berkshire,    Franklin,  Hamp- 

1884  155  shire,   Dukes   County  and   Nantucket,   shall  maintain    either    separately 

1886,  282.  or  jointly  with  the  commissioners  of  other  counties  as  hereinafter  provided. 

i ^QO    30Q 

1894*  498  J  16.     in  a  suitable  place,  not  at-  or  near  a  penal  institution,  a  truant  school  for 

895,  216.  the  instruction  and   training  of  children   committed   thereto  as  habitual 

1898!  496,  §  22.     truants,  absentees  or  school  offenders.     The  county  commissioners  of  two 
1901,  299.  or  more  counties  may,  at  the  expense  of  said  counties,  establish  and  main- 

tain a  union  truant  school  which  shall  be  organized  and  controlled  by  the 
chairmen  of  the  county  commissioners  of  said  counties.  The  chairmen  of 
the  respective  boards  of  county  commissioners  of  the  counties  of  Norfolk, 
Bristol  and  Plymouth,  having  the  management  of  the  Norfolk,  Bristol 
and  Plymouth  union  truant  school,  shall  each  be  paid  the  sum  of  one  hun- 
dred dollars  annually  by  said  counties,  respectively.  The  county  com- 
missioners of  the  counties  of  Barnstable,  Berkshire,  Franklin,  Hamp- 
shire, Dukes  County  and  Nantucket  shall  assign  a  truant  school  established 
by  law  as  the  place  for  the  instruction  and  training  of  children  committed 
within  their  respective  counties  as  habitual  truants,  absentees  or  school 
offendeis,  and  shall  pay  for  their  support  in  said  school  such  reasonable 
sum  as  the  county  commissioners  having  control  of  said  school  may  de- 
termine. For  the  purposes  of  this  chapter  the  parental  school  of  the  city 
of  Boston  shall  be  deemed  the  county  truant  school  of  the  county  of  Suffolk, 
and  commitments  from  the  towns  of  Revere  and  Winthrop  and  the  city 
of  Chelsea  shall  be  to  the  truant  school  for  the  county  of  Middlesex.  The 
city  or  town  from  which  an  habitual  truant,  absentee  or  school  offender  is 
committed  to  a  county  truant  school  shall  pay  to  the  county  within  which 
it  is  located  one  dollar  a  week  towards  his  support ;  but  the  towns  of  Revere 
and  Winthrop  and  the  city  of  Chelsea  shall  pay  to  the  county  of  Middlesex, 
for  the  support  of  each  child  committed  to  the  truant  school  of  said  county, 
two  dollars  and  fifty  cents  a  week,  and  such  additional  sums  for  each  child 
as  shall  cover  the  actual  cost  of  maintenance. 

[1906,  148.] 

AN  ACT  TO  CHANGE  THE  NAME  OF  THE  ESSEX  COUNTY 
TRUANT  SCHOOL  TO  THE  ESSEX  COUNTY  TRAINING 
SCHOOL. 

Name  SECTION    1.       TllC   EsSCX    County   Tmant   School    at   Law- 

changed. 

rence  shall  hereafter  be  called  the  Essex  County  Training 
School. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  9,  1906. 


CH.46.]    TRUANTS  AND  TRUANT  SCHOOLS.  23 

[1907,  194.] 

AN  ACT  TO  CHANGE  THE  NAME  OF  THE  WORCESTER  COUNTY 
TRUANT  SCHOOL  TO  THE  WORCESTER  COUNTY  TRAINING 
SCHOOL. 

SECTION  1.     The  Worcester   County  Truant  School  at  Name 
West   Boylston,    shall   hereafter   be   called   the   Worcester 
County  Training  School. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  12,  1907. 

[1908,  103.] 

AN     ACT     TO     CHANGE     THE     NAME     OF     CERTAIN     TRUANT 

SCHOOLS. 

SECTION    1.     The   truant   school   at   Springfield   in  the  Certain  truant 

_,.     ,        PI-      schools,  namesj 

county  or  Hampden,  the  truant  school  at  Chelmstord  in  changed. 
the  county  of  Middlesex,  and  the  truant  school  at  Walpole 
in  the  county  of  Norfolk  shall  hereafter  be  called,  respec- 
tively, the  Hampden  county  training  school,  the  Middlesex 
county  training  school,  and  the  Norfolk,  Bristol  and  Plym- 
outh union  training  school;  and  any  school  hereafter 
established  pursuant  to  section  one  of  chapter  forty-six  of 
the  Revised  Laws  relative  to  truants  and  truant  schools 
shall  be  called  a  training  school.  All  laws  now  or  hereafter 
in  force  relative  to  truants  and  truant  schools  shall  apply 
to  training  schools  and  to  commitments  thereto. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  February  24,  1908. 

[1913,  779,  §  5.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT   OF   MINORS. 

SECTION   5.     Section   one   of   chapter   forty-six   of  the  R.  L.W.  §1, 

etc.,  amended. 

Revised  Laws,  as  amended  by  chapter  two  hundred  and 
fifty-six  of  the  acts  of  the  year  nineteen  hundred  and  two, 
is  hereby  further  amended  by  striking  out  the  said  section 


24  MANUAL  OF  LAWS.  [Ca.46. 

Establishment,   an(J  inserting  in  place  thereof  the  following :  — •  Section  1 . 

etc.,  of  training  r 

schools  by         The    county  commissioners    of    each    county,   except  the 

counties. 

counties  of  Barnstable,  Berkshire,  Franklin,  Hampshire, 
Dukes  County  and  Nantucket,  shall  maintain  either 
separately  or  jointly  with  the  commissioners  of  other 
counties  as  hereinafter  provided,  in  a  suitable  place,  not 
at  or  near  a  penal  institution,  a  school  for  the  instruction 
and  training  of  children  committed  thereto  as  habitual 
truants,  absentees  or  school  offenders.  The  county  com- 
missioners of  twro  or  more  counties  may,  at  the  expense  of 
said  counties,  establish  and  maintain  a  union  school 
which  shall  be  organized  and  controlled  by  the  chairmen 
of  the  county  commissioners  of  said  counties.  The  chair- 
men of  the  respective  boards  of  county  commissioners  of 
the  counties  of  Norfolk,  Bristol,  and  Plymouth,  having  the 
management  of  the  Norfolk,  Bristol  and  Plymouth  union 
training  school,  shall  each  be  paid  the  sum  of  one  hundred 
dollars  annually  by  said  counties,  respectively.  The 
county  commissioners  of  the  counties  of  Barnstable,  Berk- 
shire, Franklin,  Hampshire,  Dukes  County  and  Nantucket 
shall  assign  a  training  school  established  by  law  as  the  place 
for  the  instruction  and  training  of  children  committed 
within  their  respective  counties  as  habitual  truants,  ab- 
sentees or  school  offenders,  and  shall  pay  for  their  support 
in  said  school  such  reasonable  sum  as  the  county  commis- 
sioners having  control  of  said  school  may  determine.  For 
the  purposes  of  this  chapter  the  parental  school  of  the  city 
of  Boston  shall  be  deemed  the  county  training  school  of 
the  county  of  Suffolk,  and  commitments  from  the  towns  of 
Revere  and  \Yinthrop  and  the  city  of  Chelsea  shall  be  to 
the  training  school  for  the  county  of  Middlesex. 

The  city  or  town  from  which  an  habitual  truant,  ab- 
sentee or  school  offender  is  committed  to  a  county  training 
school  shall  pay  to  the  count}'  within  which  it  is  situated 
one  dollar  a  week  toward  his  support,  and  reports  of  the 
condition  and  progress  of  its  pupils  in  said  school  shall  be 
sent  each  month  to  the  superintendent  of  schools  of  such 


CH.46.]  TRUANTS  AND  TRUANT  SCHOOLS.  25 

city  or  town;  but  the  towns  of  Revere  and  Winthrop  and 
the  city  of  Chelsea  shall  pay  to  the  county  of  Middlesex, 
for  the  support  of  each  child  committed  to  the  training 
school  of  said  county,  two  dollars  and  fifty  cents  a  week, 
and  such  additional  sums  for  each  child  as  will  cover  the 
actual  cost  of  maintenance.  [Approved  June  13,  1913. 


SECTION  2.     County  truant  schools  shall  be  subject  to  Truant 
visitation  by  the  board   of  education  and  by  the  state  jirftatiBJmof. 

1898,  496,  §  23. 

board  of  charity,  and  said  boards  shall  report  thereon 
annually  to  the  general  court. 

SECTION  3.     [Revised  by  1903,   330,    §   1;    1904,   220,   §   1,  infra;    and  Habitual 
further  superseded  in  part  by  1906,  389,  infra;    1908,  103,  supra.     Super-  ^^262  §  3 
seded  by  1913,  779,   §  6.]     A  child  between  seven  and  fourteen  years  of  P.  S.  48, '§  12. 
age  who  wilfully  and  habitually  absents  himself  from  school  contrary  to  jgg^'  ^gg  I  |j 
the  provisions  of  section  one  of  chapter  f 01  ty-f our  shall  be  deemed  to  be  1898,  496,  §  24 
an  habitual  truant,  and,  upon  complaint  by  a  truant  officer  and  conviction 
thereof,  may,  if  a  boy,  be  committed  to  a  county  truant  school  for  not 
more  than  two  years  and,  if  a  girl,  to  the  state  industrial  school  for  girls, 
unless  such  child  is  placed  on  probation  as  provided  in  section  seven  of 
this  chapter. 

[1903,  330,  §  1.] 

AN     ACT     RELATIVE     TO     THE     INSTRUCTION     AND     TRAINING      OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  1.     [Superseded  by  1904,  220,  §  1;   1913,  779,  §  6,  infra.]    Sec-  R-  L-  46,  §  3, 
tion  three  of  chapter  forty-six  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  whole  of  said  section  and  inserting  in  place  thereof  the 
following:  —  Section  3.     A  child  between  seven  and  fourteen  years  of  age  Habitual 

who  wilfully  and  habitually  absents  himself  from  school  contrary  to  the  truants,  com- 

,          , .  ,     ,  .     ,      ,  i     11   i        i  i    ! ,      i  mitment  of, 

provisions  of  section  one  of  chapter  forty-four  shall  be  deemed  to  be  an  etc. 

habitual  truant,  and,  unless  placed  on  probation  as  provided  in  section 
seven  of  this  chapter,  may  upon  complaint  by  a  truant  officer  and  con- 
viction thereof,  if  a  boy,  be  committed  to  a  county  truant  school  for  not 
more  than  two  years,  and,  if  a  girl,  to  the  state  industrial  school  for  girls; 
but  if  the  girl  is  under  twelve  years  of  age  she  shall  be  committed  to  the 
custody  of  the  state  board  of  charity,  if  they  so  request,  for  not  more  than 
two  years.  [Approved  May  7,  1903. 

[1904,  220,  §  1.] 

AN     ACT     RELATIVE     TO     THE     COMMITMENT     AND     DISCHARGE     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  1 .     [Superseded  in  part  by  1906,  389,  infra;    1908,  WS,   §  f,  R.  L.  46,  §  3, 
supra.     Superseded  by  1913,   779,    §   6,   infra.}     Section  three  of   chapter  etc"  amended- 
forty-six  of  the  Revised  Laws,  as  amended  by  section  one  of  chapter  three 


26 


MANUAL  OF  LAWS. 


[Cn.  46. 


Habitual 
truants,  com- 
mitment of, 
etc. 


hundred  and  thirty  of  the  acts  of  the  year  nineteen  hundred  and  three,  is 
hereby  further  amended  by  striking  out  the  words  "for  not  more  than  two 
years",  in  the  eighth  and  ninth  lines,  so  as  to  read  as  follows:  —  Section  3. 
A  child  between  seven  and  fourteen  years  of  age  who  wilfully  and  habitually 
absents  himself  from  school  contrary  to  the  provisions  of  section  one  of 
chapter  forty-four  shall  be  deemed  to  be  an  habitual  truant,  and,  unless 
placed  on  probation  as  provided  in  section  seven  of  this  chapter,  may, 
upon  complaint  by  a  truant  officer  and  conviction  thereof,  if  a  boy,  be 
committed  to  a  county  truant  school,  and,  if  a  girl,  to  the  state  industrial 
school  for  girls;  but  if  the  girl  is  under  twelve  years  of  age  she  shall  be  com- 
mitted to  the  custody  of  the  state  board  of  charity,  if  they  so  request,  for 
not  more  than  two  years.  [Approved  April  9,  1904- 

See  §  4  infra  for  remainder  of  act.  For  provisions  as  to  release 
after  arrest,  see  1908,  286,  p.  121,  infra. 

[1906,  389.] 

AN  ACT  TO  PROVIDE  FOR  THE  COMMITMENT  OF  HABITUAL 
TRUANTS,  HABITUAL  ABSENTEES  AND  HABITUAL  SCHOOL 
OFFENDERS. 

SECTION   1.     [Superseded   in  part  by  1908,  103,  supra.} 
committed  to     Habitual  truants,  habitual  absentees  and  habitual  school 

truant  schools. 

offenders  shall  be  committed  to  truant  schools,  however 
named,  for  the  instruction  and  training  of  children,  and 
now  provided  for  by  the  several  counties,  and  not  to  any 
other  institution  or  place. 

SECTION  2.  This  act  shall  not  apply  to  the  Plummer 
Farm  School  of  Reform  for  Boys,  at  Winter  Island  in 
Salem. 

SECTION  3.  So  much  of  any  act  as  is  inconsistent  here- 
with is  hereby  repealed.  [Approved  May  12,  1906. 

[1913,  779,  §  6.] 

AN  ACT  RELATIVE  TO  SCHOOL  ATTENDANCE  AND  TO  THE 


Certain 
offenders  to  be 


Not  to  apply 
to  a  certain 
institution. 


Repeal. 


R.  L.  46,  §  3, 
etc.,  amended. 


EMPLOYMENT   OF   MINORS. 

SECTION  6.  Section  three  of  said  chapter  forty-six,  as 
amended  by  chapter  three  hundred  and  thirty  of  the  acts 
of  the  year  nineteen  hundred  and  three  and  by  chapter 
twro  hundred  and  twenty  of  the  acts  of  the  year  nineteen 
hundred  and  four,  is  hereby  further  amended  by  striking 
out  the  said  section  and  inserting  in  place  thereof  the 


Cn.46.]    TRUANTS  AND  TRUANT  SCHOOLS.  27 

following :  —  Section  3.    A  child  between  seven  and  sixteen  Habitual 
years  of  age  who  wilfully  and  habitually  absents  himself  mitmen't,  etc. 
from  school  contrary  to  the  provisions  of  section  one  of 
chapter  forty-four  of  the  Revised  Laws,  as  amended,  shall 
be  deemed  to  be  an  habitual  truant,  and,  unless  placed  on 
probation  as  provided   in  section  seven  of  this  chapter, 
may,  upon  complaint  by  an  attendance  officer  and  convic- 
tion thereof,  be  committed  to  a  county  training  school. 
[Approved  June  13,  1913. 


SECTION  4.  [Revised  by  1903,  330,  §  2,  infra;  1904,  2SO,  §  2,  infra;  Habitual 
and  further  superseded  by  1906,  389;  1908,  103,  supra.  Superseded  by  iggf11,^8'*  25 
1913,  779,  §  7,  infra.}  A  child  between  seven  and  sixteen  years  of  age  who 
may  be  found  wandering  about  in  the  streets  or  public  places  of  any  city 
or  town,  having  no  lawful  occupation,  habitually  not  attending  school,  and 
growing  up  in  idleness  and  ignorance,  shall  be  deemed  to  be  an  habitual 
absentee,  and,  upon  complaint  by  a  truant  officer  or  any  other  person  and 
conviction  thereof,  may,  if  a  boy,  be  committed  to  a  county  truant  school 
for  not  more  than  two  years  or  to  the  Lyman  school  for  boys,  and,  if  a 
girl,  to  the  state  industrial  school  for  girls,  unless  such  child  is  placed  on 
probation  as  provided  in  section  seven. 

[1903,  330,  §  2.] 

AN     ACT     RELATIVE     TO     THE     INS1  RUCTION     AND     TRAINING     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  2.     [Superseded   by   1904,    220,    §    2,    infra.}     Section    four   of  R.  L.  46,  §  4, 
said  chapter  is  hereby  amended  by  striking  out  the  whole  of  said  section  ai 
and  inserting  in  place  thereof  the  following:  —  Section  4-     A  child  between  Habitual 

seven  and  sixteen  years  of  age  who  may  be  found  wandering  about  in  the  absentees, 

,  ,.  ,  .,  ,  ,       ,   ,  ,.          commitment 

streets  or  public  places  of  any  city  or  town,  having  no  lawful  occupation,  Q^  etc 

habitually  not  attending  school,  and  growing  up  in  idleness  and  ignorance, 
shall  be  deemed  to  be  an  habitual  absentee,  and,  unless  placed  on  pro- 
bation as  provided  in  section  seven,  may,  upon  complaint  by  a  truant 
officer  or  any  other  person  and  conviction  thereof,  if  a  boy,  be  committed 
to  a  county  truant  school  for  not  more  than  two  years,  or  to  the  Lyman 
school  for  boys,  and,  if  a  girl,  to  the  state  industrial  school  for  girls;  but 
if  the  girl  be  under  twelve  years  of  age  she  shall  be  committed  to  the  custody 
of  the  state  board  of  charity,  if  they  so  request,  for  not  more  than  two 
years.  [Approved  May  7,  1903. 

[190-1   220,  §  2.] 

AN     ACT     RELATIVE     TO     THE     COMMITMENT     AND     DISCHARGE     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  2.     [Superseded  in  part  by  1906,  389,  supra;   1908,  103,  supra.]  R.  L.  46,1^4, 
Section  four  of  chapter  forty-six  of  the  Revised  Laws,  as  amended  by  section  etc-'  amended, 
two  of  said  chapter  three  hundred  and  thirty,  is  hereby  further  amended 
by  striking  out  the  words  "for  not  more  than  two  years",  in  the  tenth 


28 


MANUAL  OF  LAWS. 


[Cn.  46. 


Habitual 
absentees, 
commitment 
of,  etc. 


and  eleventh  lines,  so  as  to  read  as  follows:  —  Section  4-  A  child  between 
seven  and  sixteen  years  of  age  who  may  be  found  wandering  about  in  the 
streets  or  public  places  of  any  city  or  town,  having  no  lawful  occupation, 
habitually  not  attending  school,  and  growing  up  in  idleness  and  ignorance, 
shall  be  deemed  to  be  an  habitual  absentee,  and,  unless  placed  on  probation 
as  provided  in  section  seven,  may,  upon  complaint  by  a  truant  officer  or 
any  other  person  and  conviction  thereof,  if  a  boy,  be  committed  to  a  county 
truant  school,  or  to  the  Lyman  school  for  boys,  and,  if  a  girl,  to  the  state 
industrial  school  for  girls;  but  if  the  girl  be  under  twelve  years  of  age  she 
shall  be  committed  to  the  custody  of  the  state  board  of  charity,  if  they  so 
request,  for  not  more  than  two  years.  [Approved  April  9,  1904- 


R.  L.  46,  §  4, 
etc.,  amended. 


Habitual 
absentees, 
commitment, 
etc. 


Habitual 
school 
offenders. 
1889,  249,  §  2. 
1894,  498,  §'21. 
1898,  496,  §  26. 


[1913,  779,  §  7.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT   OF  MINORS. 

SECTION  7.  Section  four  of  said  chapter  forty-six,  as 
amended  by  chapter  three  hundred  and  thirty  of  the  acts 
of  the  year  nineteen  hundred  and  three  and  by  chapter 
two  hundred  and  twenty  of  the  acts  of  the  year  nineteen 
hundred  and  four,  is  hereby  further  amended  by  striking 
out  the  said  section  and  inserting  in  place  thereof  the 
following:  —  Section  4-  A  child  between  seven  and  sixteen 
years  of  age  who  may  be  found  wandering  about  in  the 
streets  or  public  places  of  any  city  or  town,  having  no 
lawful  occupation,  habitually  not  attending  school  and 
growing  up  in  idleness  and  ignorance,  shall  be  deemed  to 
be  an  habitual  absentee,  and,  unless  placed  on  probation 
as  provided  in  section  seven  of  said  chapter  forty-six  may, 
upon  complaint  by  an  attendance  officer  or  any  other 
person,  and  conviction  thereof,  be  committed  to  a  county 
training  school.  [Approved,  June  13,  1913. 

SECTION  5.  [Revised  by  1908,  330,  §  3;  1904,  220,  §  3,  infra;  and 
further  superseded  in  part  by  1906,  389;  190S,  103,  supra.  Superseded  by 
1913,  779,  §  8,  infra.]  A  child  under  fourteen  years  of  age  who  persistently 
violates  the  reasonable  i emulations  of  the  school  which  he  attends,  or  other- 
wise persistently  misbehaves  therein,  so  as  to  render  himself  a  fit  subject 
for  exclusion  therefrom,  shall  be  deemed  to  be  an  habitual  school  offender, 
and,  upon  complaint  by  a  truant  officer  and  conviction  thereof,  may,  if  a 
boy,  be  committed  to  a  county  truant  school  for  not  more  than  two  years 
or  to  the  Lyman  school  for  boys,  and,  if  a  girl,  to  the  state  industrial  school 
for  girls,  unless  such  child  is  placed  on  probation  as  provided  in  section 
seven. 


CH.46.]    TRUANTS  AND  TRUANT  SCHOOLS.  29 


[1903,  330,  §  3.] 

AN     ACT     REt.ATIVE     TO     THE     INSTRUCTION     AND     TRAINING     OF     HABITUAL 
TRU4.NTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  3.     [Superseded  by  1904,  220,  §  3,  infra.}     Section  five  of  said  ^^fed*3' 
chapter  is  hereby  amended  by  striking  out  the  whole  of  said  section  and  in- 
serting in  place  thereof  the  following :  — •  Section  5.     A  child  under  fourteen  Habitual 
years  of  age  who  persistently  violates  the  reasonable  regulations  of  the  ^^^jers 
school  which  he  attends,  or  otherwise  persistently  misbehaves  therein,  so  commitment 
as  to  render  himself  a  fit  subject  for  exclusion  therefrom,  shall  be  deemed  of>  etc- 
to  be  an  habitual  school  offender,  and,  unless  placed  on  probation  as  pro- 
vided in  section  seven,  may,  upon  complaint  by  a  truant  officer  and  con- 
viction thereof,  if  a  boy,  be  committed  to  a  county  truant  school  for  not 
more  than  two  years,  or  to  the  Lyman  school  for  boys,  and,  if  a  girl,  to  the 
state  industrial  school  for  girls;   but  if  the  girl  be  under  twelve  years  of  age 
she  shall  be  committed  to  the  custody  of  the  state  board  of  charity,  if  they 
so  request,  for  not  more  than  two  years.     [Approved  May  7,  1908. 

[1904,  220,  §  3.] 

AN     ACT     RELATIVE     TO     THE     COMMITMENT     AND     DISCHARGE     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  3.     [Superseded  in  part  by  1906,  889,  supra;    1908,  103,  supra;  R.  L.,  46  §  5, 
1913,  779,  §  8,  infra.     See  1903,  330,  §  3,  supra-}     Section  five  of  chapter  etc"  amended- 
forty-six  of  the  Revised  Laws,  as  amended  by  section  three  of  said  chapter 
three  hundred  and  thirty,  is  hereby  further  amended  by  striking  out  the 
words  "for  not  more  than  two  years",  in  the  ninth  and  tenth  lines,  so  as  to 
read  as  follows: — Section  5.     A  child  under  fourteen  years  of  age  who  Habitual 
persistently  violates   the  reasonable   regulations   of   the   school  which  he  s^100] 
attends,  or  otherwise  peisistently  misbehaves  therein,  so  as  to  render  him-  commitment 
self  a  fit  subject  for  exclusion  therefrom,  shall  be  deemed  to  be  an  habitual  °f>  etc- 
school  offender,   and,  unless  placed  on  probation  as  provided  in  section 
seven,  may,  upon  complaint  by  a  truant  officer  and  conviction  thereof,  if  a 
boy,  be  committed  to  a  county  truant  school,  or  to  the  Lyman  school  for 
boys,  and,  if  a  girl,  to  the  state  industrial  school  for  girls;   but  if  the  girl  be 
under  twelve  years  of  age  she  shall  be  committed  to  the  custody  of  the 
state  board  of  charity,  if  they  so  request,  for  not  more  than  two  years. 
[Approved  April  9,  1904- 

[1913,  779,  §  8.] 

AN  ACT    RELATIVE    TO    SCHOOL   ATTENDANCE    AND    TO    THE 
EMPLOYMENT   OF   MINORS. 

SECTION  8.     Section  five  of  said  chapter  forty-six,  as  R-  L-  *6,  §  5, 

*     m  etc.,  amended. 

amended  by  chapter  three  hundred  and  thirty  of  the  acts 
of  the  year  nineteen  hundred  and  three  and  by  chapter 
two  hundred  and  twenty  of  the  acts  of  the  year  nineteen 
hundred  and  four,  is  hereby  further  amended  by  striking 
out  the  said  section  and  inserting  in  place  thereof  the 


30 


MANUAL  OF  LAWS. 


[Cn.  46. 


Habitual 

school 

offenders, 

commitment, 

etc. 


Support  of 
inmates  of 
truant  schools. 
1898,  406,  §  27. 


R.  L.  46,  §  6, 
amended. 


Support  of 
inmates  of 
truant  schools. 


Placing 
truants  on 
probation. 
1898,  496,  §  28. 


following :  —  Section  o.  A  child  under  sixteen  years  of  age 
who  persistently  violates  the  reasonable  regulations  of  the 
school  which  he  attends,  or  otherwise  persistently  misbe- 
haves therein,  so  as  to  render  himself  a  fit  subject  for 
exclusion  therefrom,  shall  be  deemed  to  be  an  habitual 
school  offender,  and,  unless  placed  on  probation  as  pro- 
vided in  section  seven  of  said  chapter  forty-six  may/  upon 
complaint  by  an  attendance  officer  and  conviction  thereof, 
be  committed  to  a  county  training  school.  [Approved 
June  13,  1913. 

SECTION  6.  [Superseded  by  1913,  779,  §  9,  infra.]  The  court  or  magis- 
trate by  whom  a  child  has  been  committed  to  a  county  truant  school  may 
make  an  order  relative  to  the  payment  by  his  parents  to  the  county  of  the 
cost  of  his  support  while  in  said  school,  and  may  from  time  to  time  revise 
and  alter  such  order  or  make  a  new  order  as  the  circumstances  of  the  parents 
may  justify. 

[1913,  779,  §  9.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT   OF  MINORS. 

SECTION  9.  Said  chapter  forty-six  is  hereby  further 
amended  by  striking  out  section  six  and  inserting  in  place 
thereof  the  following :  —  Section  6.  The  court  or  magis- 
trate by  whom  a  child  has  been  committed  to  a  county 
training  school  may  make  an  order  relative  to  the  pay- 
ment by  his  parents  to  the  county  of  the  cost  of  his 
support  while  in  said  school,  and  may  from  time  to  time 
revise  and  alter  such  order  or  make  a  new  order  as  the 
circumstances  of  the  parents  may  justify.  [Approved  June 
13,  1913. 

SECTION  7.  A  court  or  magistrate  by  whom  a  child  has 
been  convicted  of  an  offence  under  the  provisions  of  this 
chapter  may  place  such  child  on  probation  under  the  over- 
sight of  a  truant  officer  of  the  city  or  town  in  wrhich  the 
child  resides,  or  of  a  probation  officer  of  said  court,  for 
such  period  and  upon  such  conditions  as  said  court  or 
magistrate  may  deem  best;  and  if,  within  such  period,  the 
child  violates  the  conditions  of  his  probation,  such  truant 


CH.46J     TRUANTS  AND  TRUANT  SCHOOLS.  31 

officer  or  probation  officer  may,  without  warrant  or  other 
process,  take  the  child  before  the  court,  and  the  court  may 
thereupon  sentence  him  or  may  make  any  other  lawful 
disposition  of  the  case. 

For  authority  to  appoint  probation  officers,  see  1908,  637,  p.  207, 
infra. 

SECTION  8.  [Amended  by  1904,  220,  §§  4-  5,  infra;  and  further  super-  Permits  to  be 
seded  in  part  by  1908,  103,  supra.  Superseded  by  1913,  779,  §  10,  infra.]  jg9gbg^y' 
County  commissioners,  if  they  think  it  will  be  for  the  best  interest  of  any  i89s|  496,  §  29; 
child  who  has  been  committed  to  a  county  truant  school  under  their  control,  580'  5  !• 
after  notice  and  an  opportunity  to  be  heard  has  been  given  to  the  superin- 
tendent of  schools  or,  if  there  is  no  superintendent,  to  the  school  committee 
of  the  city  or  town  from  which  such  child  was  committed  to  said  school, 
may  permit  him  to  be  at  liberty  upon  such  conditions  as  said  commissioners 
may  deem  best;  or,  with  the  approval  of  the  court  which  imposed  the 
sentence,  they  may  discharge  him  from  said  school;  and  upon  such  parole 
or  discharge  they  shall  make  an  entry  upon  their  records  of  the  name  of 
such  child,  the  date  of  parole  or  discharge  and  the  reason  therefor;  and 
a  copy  of  such  record  shall  be  transmitted  to  the  court  or  magistrate  by 
whom  such  child  was  committed  and  to  the  school  committee  of  the  city 
or  town  from  which  he  was  committed.  If  such  child,  in  the  opinion  of 
said  commissioners,  violates  the  conditions  of  his  parole  at  any  time  previous 
to  the  expiration  of  the  term  for  which  he  was  committed  to  said  school, 
such  parole  may  be  revoked.  If  a  superintendent  of  schools  or  a  school 
committee  furnishes  evidence  satisfactory  to  said  commissioners  of  the 
violation  by  a  child  of  the  conditions  of  his  parole,  said  commissioners 
shall  revoke  such  parole,  and  may  thereupon  issue  an  order  directed  to  the 
truant  or  police  officers  of  any  city  or  town  to  arrest  such  child  wherever 
found  and  return  him  to  said  school.  Such  officer  shall  arrest  such  child 
and  return  him  to  said  school,  where  he  shall  be  held,  subject  to  the  pro- 
visions of  this  chapter,  for  the  residue  of  the  term  of  the  original  sentence. 
The  expense  of  such  arrest  and  return,  so  far  as  approved  by  the  commis- 
sioners, shall  be  paid  by  the  county  or  counties  maintaining  said  school. 
Releases  from  the  parental  school  of  the  city  of  Boston  shall  be  governed 
by  the  provisions  of  chapter  five  hundred  and  fourteen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-six,  and  shall  be  made  by  the  trustees 
for  children  who  shall  have  and  exercise  the  powers  given  by  said  chapter 
to  the  institutions  commissioner  of  said  city. 

[1904,  220,  §  4.] 

AN     ACT     KELATIVE     TO     THE     COMMITMENT     AND     DISCHARGE     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  4.     [Superseded   in   part   by   1908,    103;     superseded   by   1913,  R.  L.  46,  §  8, 
779,  §  10,  infra.]     Section  eight  of  said  chapter  forty-six  is  hereby  amended  amended. 
by  inserting  after  the  word  "school",  where  that  word  first  occurs  in  the 
twenty-ninth  line,  the  words :  —  A  child  who  has  been  committed  to  a 
county  truant  school,  whether  he  be  confined  at  the  county  truant  school 
or  on  parole  as  provided  in  this  section,  shall  be  discharged  from  the  custody 
and  care  of  such  school  upon  his  becoming  sixteen  years  of  age,  —  so  as  to 


32 


MANUAL  OF  LAWS. 


[Cn  46. 


Permits  to  be 
at  liberty- 
may  be  issued 
in  certain 
cases,  etc. 


Parole  may  be 
revoked,  etc. 


To  be  dis- 
charged at  the 
age  of  sixteen 
years. 


Releases  from 
parental 
school  of 
Boston. 


read  as  follows:  —  Section  8.  County  commissioners,  if  they  think  it  will 
be  for  the  best  interest  of  any  child  who  has  been  committed  to  a  county 
truant  school  under  their  control,  after  notice  and  an  opportunity  to  be 
heard  has  been  given  to  the  superintendent  of  schools  or,  if  there  is  no 
superintendent,  to  the  school  committee  of  the  city  or  town  from  which 
such  child  was  committed  to  said  school,  may  permit  him  to  be  at  liberty 
upon  such  conditions  as  said  commissioners  may  deem  best;  or,  with  the 
approval  of  the  court  which  imposed  the  sentence,  they  may  discharge 
him  from  said  school;  and  upon  such  parole  or  discharge  they  shall  make 
an  entry  upon  their  records  of  the  name  of  such  child,  the  date  of  parole 
or  discharge  and  the  reason  therefor;  and  a  copy  of  such  record  shall  be 
transmitted  to  the  court  or  magistrate  by  whom  such  child  was  committed 
and  to  the  school  committee  of  the  city  or  town  from  which  he  was  com- 
mitted. If  such  child,  in  the  opinion  of  said  commissioners,  violates  the 
conditions  of  his  parole  at  any  time  previous  to  the  expiration  of  the  term 
for  which  he  was  committed  to  said  school,  such  parole  may  be  revoked. 
If  a  superintendent  of  schools  or  a  school  committee  furnishes  evidence 
satisfactory  to  said  commissioners  of  the  violation  by  a  child  of  the  con- 
ditions of  his  parole,  said  commissioners  shall  revoke  such  parole,  and  may 
thereupon  issue  an  order  directed  to  the  truant  or  police  officers  of  any 
city  or  town  to  arrest  such  child  wherever  found  and  return  him  to  said 
school.  Such  officer  shall  arrest  such  child  and  return  him  to  said  school, 
where  he  shall  be  held,  subject  to  the  provisions  of  this  chapter,  for  the 
residue  of  the  term  of  the  original  sentence.  The  expense  of  such  arrest 
and  return,  so  far  as  approved  by  the  commissioners,  shall  be  paid  by  the 
county  or  counties  maintaining  said  school.  A  child  who  has  been  com- 
mitted to  a  county  truant  school,  whether  he  be  confined  at  the  county 
truant  school  or  on  parole  as  provided  in  this  section,  shall  be  discharged 
from  the  custody  and  care  of  such  school  upon  his  becoming  sixteen  years 
of  age.  Releases  from  the  parental  school  of  the  city  of  Boston  shall  be 
governed  by  the  provisions  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-six,  and  shall  be  made  by  the 
trustees  for  children  who  shall  have  and  exercise  the  powers  given  by  said 
chapter  to  the  institutions  commissioner  of  said  city.  [Approved  April  9, 
1904. 

For  method  of  keeping  attendance  record  in  its  bearing  upon 
this  chapter,  see  1912,  369,  §  9. 


R.  L.  46,  §  8, 
etc.,  amended. 


[1913,  779,  §  10.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT    OF   MINORS. 

SECTION  10.     Section  eight  of  said  chapter  forty-six,  as 
amended   by   section   four   of   chapter  two   hundred   and 
twenty  of  the  acts  of  the  year  nineteen  hundred  and  four, 
is  hereby  further  amended  by  striking  out  the  said  section 
Permits  to  be  at  and  inserting  in  place  thereof  the  following :  —  Section  8. 

liberty  may  be 

issued  in  certain  County  commissioners,  if  thev  think  it  will  be  for  the  best 

cases,  etc. 


Cn.46.]     TRUANTS  AND  TRUANT  SCHOOLS.  33 

interest  of  any  child  who  has  been  committed  to  a  county 
training  school  under  their  control,  after  notice  and  an 
opportunity  to  be  heard  has  been  given  to  the  superin- 
tendent of  schools,  or,  if  there  is  no  superintendent,  to  the 
school  committee  of  the  city  or  town  from  which  such 
child  was  committed  to  said  school,  may  permit  him  to  be 
at  liberty  upon  such  conditions  as  said  commissioners  may 
deem  best;  or,  with  the  approval  of  the  court  which  im- 
posed the  sentence,  they  may  discharge  him  from  said 
school;  and  upon  such  parole  or  discharge  they  shall  make 
an  entry  upon  their  records  of  the  name  of  such  child,  the 
date  of  parole  or  discharge  and  the  reason  therefor;  and  a 
copy  of  such  record  shall  be  transmitted  to  the  court  or 
magistrate  by  whom  such  child  was  committed  and  to  the 
school  committee  of  the  city  or  town  from  which  he  was 
committed. 

If   such   child,   in  the   opinion   of   said   commissioners,  Paroles  may  be 

.  , .   .  p   i  •  i  •  •  revoked,  etc 

violates  the  conditions  or  his  parole  at  any  time  previous 
to  the  expiration  of  the  term  for  which  he  was  committed 
to  said  school,  such  parole  may  be  revoked.  If  a  superin- 
tendent of  schools  or  a  school  committee  furnishes  evidence 
satisfactory  to  said  commissioners  of  the  violation  by  a 
child  of  the  conditions  of  his  parole,  said  commissioners 
shall  revoke  such  parole,  and  may  thereupon  issue  an 
order  directed  to  the  attendance  or  police  officers  of  any 
city  or  town  to  arrest  such  child  wherever  found  and 
return  him  to  said  school.  Such  officer  shall  arrest  such 
child  and  return  him  to  said  school,  where  he  shall  be 
held,  subject  to  the  provisions  of  this  chapter,  for  the 
residue  of  the  term  of  the  original  sentence. 

The  expense  of  such  arrest  and  return,  so  far  as  ap-  Expenses  of  ar- 
proved  by  the  commissioners,  shall  be  paid  by  the  county 
or  counties  maintaining  said   school.     A   child  who  has  Tobedis- 

•  •     •  charged  at 

been  committed  to  a  county  training  school,  whether  he  sixteen  yeara 

.    .  of  age. 

be  confined  at  the  county  training  school  or  be  on  parole 
as  provided  in  this  section,  shall  be  discharged  from  the 
custody  and  care  of  such  school  upon  his  becoming  sixteen 


34 


MANUAL  OF  LAWS. 


[Cn.  46. 


Releases  from     years  of  age.    Releases  from  the  parental  school  of  the  city 

Boston  parental      _  _  i      n    i 

school.  of  Boston  shall  be  governed  by  the  provisions  or  chapter 

five  hundred  and  fourteen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six,  and  shall  be  made  by  the  trustees 
for  children  who  shall  have  and  exercise  the  powers  given 
by  said  chapter  to  the  institutions  commissioner  of  said 
city.  [Approved  June  13,  1913. 


Temporary 
release  from 
truant  school. 
1899,  201. 


R.  L.  46,  §  9, 
amended. 


Temporary 
release  of 
inmates  of 
truant  schools. 


SECTION  9.  [Amended  by  1903,  SOS,  infra.]  If  a  near  relation  of  a 
child  who  is  confined  on  a  sentence  as  an  habitual  truant,  habitual  absentee 
or  habitual  school  offender  dies  or  is  seriously  ill,  a  court  or  trial  justice 
which  has  jurisdiction  of  such  offences  may  order  such  child  to  be  released 
for  a  specified  time,  either  with  or  without  the  custody  of  the  superintendent 
or  other  officer,  and  may  revoke,  extend  or  otherwise  modify  such  order. 
The  expenses  incurred  in  serving  such  order  shall  be  approved  and  paid 
in  the  same  manner  as  other  expenses  of  the  institution  in  which  the  child 
is  confined. 

[1903,  308.] 

AN    ACT    RELATIVE    TO    THE    TEMPORARY    RELEASE    OF    IN- 
MATES  OF   TRUANT   SCHOOLS. 

SECTION  1.  Section  nine  of  chapter  forty-six  of  the 
Revised  Laws,  is  hereby  amended  by  striking  out  the 
words  "a  court  or  trial  justice  which  has  jurisdiction  of 
such  offences",  in  the  third  and  fourth  lines,  and  inserting 
in  place  thereof  the  words:  —  any  member  of  the  board  of 
trustees  or  county  commissioners  having  charge  of  the 
institution,  —  so  as  to  read  as  follows :  —  Section  9.  If  a 
near  relation  of  a  child  who  is  confined  on  a  sentence  as 
an  habitual  truant,  habitual  absentee  or  habitual  school 
offender  dies  or  is  seriously  ill,  any  member  of  the  board  of 
trustees  or  county  commissioners  having  charge  of  the 
institution  may  order  such  child  to  be  released  for  a 
specified  time,  either  with  or  without  the  custody  of  the 
superintendent  or  other  officer,  and  may  revoke,,  extend  or 
otherwise  modify  such  order.  The  expenses  incurred  in 
serving  such  order  shall  be  approved  and  paid  in  the  same 
manner  as  other  expenses  of  the  institution  in  which  the 
child  is  confined. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  4>  1903. 


Cn.46.]  TRUANTS  AND  TRUANT  SCHOOLS.  35 

SECTION  10.     [Amended  by  1903,  330,  §  4,  infra,  and  further  superseded  Disposition 
in  part  by  1908,  103,  supra.     See  also  1906,  389,  supra.     Superseded  by  1913,  i^matea* 
779,  §  11,  infra.]     An  inmate  of  a  county  truant  school  or  of  the  parental  1898,  496,  §  30. 
school  of  the  cits'  of  Boston  who  persistently  violates  the  reasonable  regu- 
lations thereof,  or  is  guilty  of  indecent  or  immoral  conduct,  or  otherwise 
grossly  misbehaves,  so  as  to  render  himself  an  unfit  subject  for  retention 
therein,  may,  upon  complaint  by  the  officer  in  control  of  said  school  and 
conviction  thereof,  if  under  fifteen  years  of  age,  be  committed  to  the  Lyman 
school  for  boys;  if  over  fifteen  years  of  age,  to  the  Massachusetts  reformatory. 

[1903,  330,  §  4.] 

AN     ACT     BELATIVE     TO     THE     INSTRUCTION      AND     TRAINING     OF     HABITUAL 
TRUANTS,    ABSENTEES    AND    SCHOOL    OFFENDERS. 

SECTION  4.     [Superseded  by  1913,  779,  §11,  infra.]     Section  ten  of  said  R.  L-  46,  §  10, 
chapter  is  hereby  amended  by  adding  at  the  end  thereof  the  words :  —  If  a 
girl  who  is  committed  to  the  custody  of  the  state  board  of  charity  under 
section  three,  four  or  five  of  this  chapter,  proves  unmanageable  in  a  private 
family,  she  may  be  committed  by  the  state  board  of  charity  to  the  state 
industrial  school  for  girls,  —  so  as  to  read  as  follows:  —  Section  10.     An  Disposition 
inmate  of  a  county  truant  school  or  of  the  parental  school  of  the  city  of  of  unruly 
Boston  who  persistently  violates  the  reasonable  regulations  thereof,  or  is  truant^chools 
guilty  of  indecent  or  immoral  conduct,  or  otherwise  grossly  misbehaves,  etc. 
so  as  to  render  himself  an  unfit  subject  for  retention  therein,  may,  upon 
complaint  by  the  officer  in  control  of  said  school  and  conviction  thereof,  if 
under  fifteen  years  of  age,  be  committed  to  the  Lyman  school  for  boys;  if 
over  fifteen  years  of  age,  to  the  Massachusetts  reformatory.     If  a  girl  who 
is  committed  to  the  custody  of  the  state  board  of  charity  under  section 
three,  four  or  five  of  this  chapter,  proves  unmanageable  in  a  private  family, 
she  may  be  committed  by  the  state  board  of  charity  to  the  state  industrial 
school  for  girls.     [Approved  May  7,  1903. 

[1913,  779,  §  11.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT  OF  MINORS. 

SECTION  11.     Section  ten  of  said  chapter  forty-six,  as  R.  L.  46,  §10, 

etc.,  amended. 

amended  by  section  four  of  chapter  three  hundred  and 
thirty  of  the  acts  of  the  year  nineteen  hundred  and  three, 
is  hereby  further  amended  by  striking  out  the  said  section 
and  inserting  in  place  thereof  the  following:  —  Section  10.  Disposition 

of  vicious 

An  inmate  of  a  county  training  school  or  of  the  parental  inmates- 
school  of  the  city  of  Boston  who  persistently  violates  the 
reasonable  regulations  thereof,  or  is  guilty  of  indecent  or 
immoral  conduct,  or  otherwise  grossly  misbehaves,  so  as 
to  render  himself  an  unfit  subject  for  retention  therein, 
may,  upon  complaint  by  the  officer  in  control  of  said 


36 


MANUAL  OF  LAWS. 


[Cn.  46. 


Jurisdiction. 
1873,  262,  §  4. 
P.  S.  48,  §  13. 
1890,  309. 
1894,  498,  §  15. 
1898,  496,  §  32. 


Truant 
officers. 

1873,  262,  §  2. 

1874,  233,  §  2. 
P.  S.  48,  §  11. 
1894,  498,  §  20. 
1898,  496,  §  33. 


R.  L.  46,  §  12, 
etc.,  amended. 


Appointment 
of  school 
attendance 
officers. 


school  and  conviction  thereof,  if  under  fifteen  years  of  age, 
be  committed  to  the  Lyman  school  for  boys;  if  over  fifteen 
years  of  age,  to  the  industrial  school  at  Shirley.  If  a  girl 
who  is  committed  to  the  custody  of  the  state  bo*ard  of 
charity  under  sections  three,  four  or  five  of  this  chapter, 
proves  unmanageable  in  a  private  family,  she  may  be 
committed,  by  the  state  board  of  charity,  to  the  state 
industrial  school  for  girls.  [Approved  June  13,  1913. 

SECTION  11.  (See  also  1908,  286,  p.  121,  post}.  Police, 
district  and  municipal  courts  and  trial  justices  shall 
have  jurisdiction  of  offences  arising  under  the  pro- 
visions of  section  one  of  chapter  forty-four  and  under 
the  provisions  of  this  chapter.  A  summons  or  warrant 
issued  by  such  court  or  justice  may  be  served,  at  the  dis- 
cretion of  the  court  or  magistrate,  by  a  truant  officer 
or'  by  any  officer  qualified  to  serve  criminal  process. 
Upon  complaint  against  a  child  for  any  such  offence  the 
parents,  guardian  or  custodian  of  the  child  shall  be 
notified  as  is  required  by  section  seventeen  of  chapter 
eighty-six.  A  child  against  whom  complaint  as  an  habitual 
absentee  is  brought  by  any  other  person  than  a  truant 
officer  shall  not  be  committed  until  notice  and  an  oppor- 
tunity to  be  heard  have  been  given  to  the  state  board  of 
charity. 

SECTION  12.  [Amended  by  1912,  552,  711,  infra.]  The  school  com- 
mittee of  every  city  and  town  shall  appoint  and  fix  the  compensation  of 
one  or  more  truant  officers,  and  shall  make  regulations  for  their  govern- 
ment. Truant  officeis  shall  not  receive  fees  for  their  services.  The  school 
committees  of  two  or  more  cities  or  towns  may  employ  the  same  truant 
officers. 

[1912,  552.] 

AN  ACT  RELATIVE  TO  THE  APPOINTMENT  OF  SCHOOL  ATTENDANCE   OFFICERS. 

SECTION  1.  [Superseded  by  1912,  711,  infra.]  Section  twelve  of  chapter 
forty-six  of  the  Revised  Laws  is  hereby  amended  by  striking  out  the  word 
"truant",  wherever  it  occurs  in  said  section,  and  substituting  therefor  the 
words:  —  school  attendance,  —  also  by  inserting  after  the  word  "officers", 
in  the  second  line,  the  words :  —  who  may  be  either  male  or  female  as  the 
committee  may  decide,  —  so  as  to  read  as  follows:  —  Section  12.  The 
school  committee  of  every  city  and  town  shall  appoint  and  fix  the  com- 
pensation of  one  or  more  school  attendance  officers,  who  may  be  either 


CH.46J     TRUANTS  AND  TRUANT  SCHOOLS.  37 

male  or  female  as  the  committee  may  decide,  and  shall  make  regulations 
for  their  government.  School  attendance  officers  shall  not  receive  fees  for 
their  services.  The  school  committees  of  two  or  more  cities  or  towns  may 
employ  the  same  school  attendance  officers. 

SECTION  2.     This   act   shall   take   effect    upon   its   passage.     [Approved 
April  29,  1912. 

[1912,  711.] 

AN  ACT  RELATIVE  TO  THE  APPOINTMENT  OF  TRUANT 

OFFICERS. 

SECTION  1.     Section  twelve  of  chapter  forty-six  of  the  R.  L.  46,  §12, 

etc.,  amended. 

Revised  Laws,  as  amended  by  chapter  five  hundred  and 
fifty-two  of  the  acts  of  the  year  nineteen  hundred  and 
twelve,  is  hereby  further  amended  by  striking  out  the 
words  "school  attendance",  wherever  they  occur  in  said 
section,  and  inserting  in  place  thereof  the  word :  —  truant, 
—  so  as  to  read  as  follows:  —  Section  12.  The  school  com-  Appointment 

of  truant 

mittee  of  every  city  and  town  shall  appoint  and  fix  the  officers. 
compensation  of  one  or  more  truant  officers,  who  may  be 
either  male  or  female  as  the  committee  may  decide,  and 
shall  make  regulations  for  their  government.  Truant 
officers  shall  not  receive  fees  for  their  services.  The  school 
committees  of  two  or  more  cities  or  towns  may  employ  the 
same  truant  officers. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  4,  1912. 

For  suspension  ot  order  of  commitment  see  1913,  471,  §  2,  p.  225, 
post.    For  continuances,  see  1913,  457,  p.  225,  infra. 

SECTION  13.     [Superseded   by   1913,   779,    §    12.}     Truant   officers   shall  Truant  officers, 

•    .        11  .  .  ,       ,,  .  .  ,         , .  ,     .        ,  duties  of. 

inquire  into  all  cases  arising  under  the  provisions  of  sections  one  and  six  of  \yj^t  262,  §  2. 

chapter  forty-four  and  sections  three,  four  and  five  of  this  chapter,  and  P-  S.  48,  §  11. 
may  make  complaints  and  serve  legal  processes  issued  under  the  provisions  jgg^  49g]  5  33. 

of  this  chapter.     They  shall  have  the  oversight  of  children  placed  on  pro-  1898,  496,  §  34. 
,,  .  .  .    ,  _  193  Mass.  280. 

bation  under  the  provisions  of  section  seven.  A  truant  officer  may  appre- 
hend and  take  to  school,  without  a  warrant,  any  truant  or  absentee  found 
wandering  about  in  the  streets  or  public  places  thereof. 

For  powers  and  duties  of  truant  officers,  concerning  children  in 
factories,  etc.,  see  1909,  514,  §§  62-65. 


38 


MANUAL  OF  LAWS. 


[Cn.  46. 


R.  L.  46,  § 
amended. 


Duties  of 

attendance 

officers. 


[1913,  779,  §  12.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE 
EMPLOYMENT   OF   MINORS. 

13'  SECTION  12.  Said  chapter  forty-six  is  hereby  further 
amended  by  striking  out  section  thirteen  and  inserting  in 
place  thereof  the  following:  —  Section  13.  Attendance 
officers  shall  inquire  into  all  cases  arising  under  the  provi- 
sions of  sections  one,  two,  three,  four  and  six  of  chapter 
forty-four  and  sections  three,  four,  five  and  eight  of  this 
chapter,  or  of  sections  sixty-one,  sixty-two,  sixty-three  or 
sixty-six  of  chapter  five  hundred  and  fourteen  of  the  acts 
of  the  year  nineteen  hundred  and  nine,  and  may  make 
complaints  and  serve  legal  processes  issued  under  the  pro- 
visions of  this  chapter.  They  shall  have  oversight  of  chil- 
dren placed  on  probation  under  the  provisions  of  section 
seven;  of  children  suffering  want  to  whom  the  provisions 
of  chapter  three  hundred  and  fifty-six  of  the  acts  of  the 
year  nineteen  hundred  and  four  apply;  of  minors  licensed 
by  the  school  committee  under  the  provisions  of  chapter 
four  hundred  and  nineteen  of  the  acts  of  the  year  nineteen 
hundred  and  ten  and  subsequent  amendments  thereof; 
and  of  children  admitted  to  or  attending  shows  or  enter- 
tainments contrary  to  the  provisions  of  chapter  five  hun- 
dred and  thirty-two  of  the  acts  of  the  year  nineteen  hun- 
dred and  ten.  An  attendance  officer  may  apprehend  and 
take  to  school  without  a  warrant  any  truant  or  absentee 
found  wandering  about  in  the  streets  or  public  places. 
[Approved  June  13,  1913. 


CH.46.]  TRUANTS  AND  TRUANT  SCHOOLS.  39 


ADDITIONAL   LEGISLATION. 

[1914,  738.] 

AN  ACT  TO  AUTHORIZE  THE  ESTABLISHMENT  OF  DISCI- 
PLINARY DAY  SCHOOLS  IN  THE  CITY  OF  BOSTON  AND 
THE  ABOLITION  OF  THE  PARENTAL  SCHOOL  OF  SAID 
CITY. 

SECTION  1.    The  school  committee  of  the  city  of  Boston  school  com- 

mittee  of 

may  establish  and  maintain  one  or  more  disciplinary  day 
schools  for  the  instruction  and  training  of  children  who 
are  habitual  truants,  absentees  or  school  offenders  as 
defined  in  sections  three,  four  and  five  of  chapter  forty-six 
of  the  Revised  Laws  as  amended  by  chapter  three  hundred 
and  thirty  of  the  acts  of  the  year  nineteen  hundred  and 
three  and  by  chapter  two  hundred  and  twenty  of  the  acts 
of  the  year  nineteen  hundred  and  four,  and  by  sections 
six,  seven  and  eight,  respectively,  of  chapter  seven  hun- 
dred and  seventy-nine  of  the  acts  of  the  year  nineteen 
hundred  and  thirteen. 

SECTION  2.  The  board  of  schoolhouse  commissioners  of 
the  city  of  Boston  may  erect  and  furnish  such  school 
buildings  upon  land  now  owned  by  the  city  and  now  used 
for  school  purposes  or  otherwise,  or  said  board  of  school- 
bouse  commissioners  may  cause  to  be  taken,  in  the  same 
manner  in  which  land  is  taken  for  school  purposes,  land 
in  said  city  to  be  occupied  by  said  school  buildings  and 
shall  construct  and  furnish  such  school  buildings  thereon. 

SECTION  3.    The  school  committee  mav  adopt  rules  and  School  com- 

mittee may 

regulations    for    the    supervision    and    direction    of    such  andPregui^ 
schools,  and  may  also  establish  rules  and  regulations  for  tlons'  etc- 
placing  children  in  such  schools. 

SECTION  4.    Any  attendance  officer  may  apprehend  and  Swntsfetc., 
take  to  any  such  school  without  a  warrant  any  habitual  officer  ^ay 
truant,  absentee  or  school  offender  who  has  been  placed  in  wthoufa 
such  school  under  rules  and  regulations  established  by  the 
school  committee  relating  thereto. 


commissioners 


40 


MANUAL  OF  LAWS. 


[Cn.  46. 


Persons  in 
control  of  J 
children,  etc. 
must  cause 
them  to 
attend,  etc. 


Penalty. 


Suffolk  School 
for  Boys, 
commitments 
for  failure  to 
obey,  etc. 


Proviso. 


Parental  school, 
all  children  to 
be  transferred 
from,  etc. 


Parental  school, 
city  of  Boston 
may  sell  or 
transfer  land 
and  buildings, 
etc. 


SECTION  5.  Every  person  having  under  his  control  a 
child  placed  in  any  such  school  shall  cause  him  to  attend 
school  as  provided  in  the  rules  and  regulations  of  the 
school  committee,  and  if  he  fails  to  cause  such  child  so  to 
attend  school  he  shall,  upon  complaint  of  an  attendance 
officer  and  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  ten  dollars.  Whoever  induces  or 
attempts  to  induce  a  child  to  absent  himself  from  any 
such  school,  or  employs  or  harbors  a  child  while  such 
school  is  in  session,  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  twenty  dollars. 

SECTION  6.  An  inmate  of  any  such  school  who  persist- 
ently violates  the  reasonable  regulations  thereof,  or  who 
is  generally  of  indecent  or  immoral  conduct,  or  who  other- 
wise grossly  misbehaves,  so  as  to  render  himself  an  unfit 
subject  to  attend  such  school,  may,  upon  complaint  by  an 
attendance  officer  or  by  the  officer  in  control  of  such  school 
and  conviction  thereof,  if  under  fifteen  years  of  age,  be 
committed  to  the  Suffolk  School  for  Boys:  provided,  how- 
ever, that  in  no  case  shall  the  sentence  be  for  a  period  of 
more  than  two  years. 

SECTION  7.  All  children  confined  in  the  parental  school 
of  the  city  of  Boston  at  the  date  when  the  schools  herein 
provided  for  are  established  shall  be  transferred  to  the 
schools  established  by  this  act,  and  shall  thereafter  be 
required  to  attend  such  schools  under  the  rules  and  regula- 
tions of  the  school  committee. 

SECTION  8.  One  year  after  the  completion  and  opening 
of  the  schools  provided  for  in  this  act,  the  city  of  Boston 
is  hereby  authorized  to  sell  or  otherwise  dispose  of  or  to 
transfer  to  any  department  of  the  city,  to  be  used  for 
municipal  purposes,  the  land  and  buildings  now  occupied 
by  the  said  parental  school.  Upon  the  sale  or  transfer  of 
the  property  the  parental  school  of  the  city  of  Boston  shall 
be  abolished,  and  said  city  of  Boston  and  the  county  of 
Suffolk  shall  thereafter  be  exempt  from  the  provisions  of  all 
laws  relating  to  the  maintenance  of  a  county  training  school. 


CH.46.]     TRUANTS  AND  TRUANT  SCHOOLS.  41 

SECTION  9.     All  acts  and  parts  of  acts  relating  to  the  Repeal. 
commitment  of  children  to  the  parental  school  of  the  city 
of  Boston  are  hereby  repealed. 

SECTION  10.    This  act  shall  take  effect  when  the  schools  ^™t 
herein  provided  for  are  ready  for  occupancy.    The  school 
committee  shall  notify  the  mayor  thereof,  and  the  mayor 
may  then  issue  his  proclamation  establishing  such  schools 
as  disciplinary  day  schools.    [Approved  July  2,  1914- 

[1915,  122,  GEN.] 

AN  ACT  TO  DIRECT  THE  COUNTY  OF  HAMPDEN  TO  ERECT 
BUILDINGS  FOR  A  COUNTY  TRAINING  SCHOOL. 

SECTION  1.  The  county  commissioners  of  the  county  of  H^ 
Hampden  are  hereby  authorized  and  directed  to  erect  in 
the  county  of  Hampden  suitable  buildings  for  a  Hampden 
county  training  school,  and  to  equip  and  furnish  the  build- 
ings suitably  for  the  instruction  and  training  of  children 
committed  thereto  as  habitual  truants  or  school  offenders. 

SECTION  2.    In  order  to  meet  the  expense  incurred  under  Expense  to  b 

met  by  loans 

this  act  the  county  commissioners  of  the  county  of  Hamp- 
den  are  hereby  authorized  to  borrow  from  time  to  time 
upon  the  credit  of  the  county  a  sum  not  exceeding  one 
hundred  thousand  dollars,  and  to  issue  the  bonds  and 
notes  of  the  county  therefor.  The  bonds  or  notes  shall  be 
payable  in  such  annual  payments,  beginning  not  more  than 
one  year  after  the  date  of  each  loan,  as  will  extinguish 
each  loan  within  twenty  years  from  its  date,  and  the 
amount  of  such  annual  payment  of  any  loan  in  any  year 
shall  not  be  less  than  the  amount  of  the  principal  of  the 
loan  payable  in  any  subsequent  year.  Each  authorized 
issue  of  bonds  or  notes  shall  constitute  a  separate  loan. 
The  said  bonds  or  notes  shall  bear  interest  at  a  rate  not 
exceeding  five  per  cent  per  annum,  payable  semi-annually, 
and  shall  be  signed  by  the  treasurer  of  the  county  and 
countersigned  by  a  majority  of  the  county  commissioners. 
The  county  may  sell  the  said  securities  at  public  or  private 


42 


MANUAL  OF  LAWS. 


[Cn.  75. 


County  com- 
missioners to 
provide  for 
payment,  etc. 


sale,  upon  such  terms  and  conditions  as  the  county  com- 
missioners may  deem  proper,  but  they  shall  not  be  sold 
for  less  than  their  par  value,  and  the  proceeds  shall  be 
used  only  for  the  purposes  herein  specified. 

SECTION  3.  The  county  commissioners,  at  the  time  of 
authorizing  the  said  loan,  shall  provide  for  the  payment 
thereof  in  accordance  with  the  provisions  of  this  act;  and 
a  sum  sufficient  to  pay  the  interest  as  it  accrues  on  the 
bonds  or  notes  issued  as  aforesaid,  and  to  pay  the  principal 
when  it  becomes  due,  shall  be  levied  as  a  part  of  the 
county  tax  of  the  county  of  Hampden  annually  thereafter, 
in  the  same  manner  in  which  other  county  taxes  are  levied, 
until  the  debt  incurred  by  said  loan  is  extinguished. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  30,  1915. 


Retention 
of  cases. 
1874,  121,  §  1. 
P.  S.  80,  §  17. 


PUBLIC   HEALTH. 

R.  L.  CHAPTER  75. 
OF  THE  PRESERVATION  OF  THE  PUBLIC  HEALTH. 

SECTION  15.  The  board  of  health  of  a  city  or  town  shall, 
to  the  exclusion  of  the  overseers  of  the  poor,  retain  charge 
of  any  case  arising  under  the  provisions  of  this  chapter  in 
which  it  shall  have  acted. 


Treatment 
of  certain 


required. 


Isolation 
hospitals 
in  cities. 
1901,  171. 
186  Mass.  285. 
191  Mass.  92. 


SECTION  39.     [Superseded  by  1906,  365,  infra.]     Each  city  shall  provide 
for  the  treatment,  either  in  a  hospital  or  as  out  patients,  of  indigent  persona 
who  are  suffering  from  contagious  or  infectious  venereal  diseases. 
1895,  400.  186  Mass.  285. 

SECTION  40.  [Superseded  by  1906,  365,  infra.]  Each  city  shall  establish 
and  be  constantly  provided,  within  its  limits,  with  one  or  more  isolation 
hospitals  for  the  reception  of  persons  having  smallpox  or  any  other  disease 
dangerous  to  the  public  health.  Such  hospitals  shall  be  subject  to  the 
orders  and  regulations  of  the  boards  of  health  of  the  cities  in  which  tBey  are 
respectively  situated.  A  city  which,  upon  request  of  the  state  board  of 
health,  refuses  or  neglects  to  comply  with  the  provisions  of  this  section, 
shall  forfeit  not  more  than  five  hundred  dollars  for  each  refusal  or  neglect. l 


1  See  note  on  page  44. 


GH.75.]  PUBLIC  HEALTH.  43 

[1906,  365,  §  1.] 

AN  ACT  TO  REVISE  THE  LAWS  RELATIVE  TO  THE  ESTAB- 
LISHMENT AND  MAINTENANCE  OF  PEST  HOUSES  BY 
CITIES  AND  TOWNS. 

SECTION  1.     Chapter  seventv-five  of  the  Revised  Laws  R-L-75' 

§§  35-42, 

is  hereby  amended  by  striking  out  sections  thirty-five  to  amended, 
forty-two,  both  inclusive,  and  inserting  in  place  thereof  the 
following :  —  Section  35.     A  town  may  establish  hospitals  Hospital  for 

...  .  .  contagious 

within  its  limits  for  the  treatment  of  diseases  which  are  diseases. 
dangerous  to  the  public  health.     Such  hospitals  shall  be 
subject  to   the   orders   and   regulations   of  the  board   of 
health.    Section  36.    If  a  disease  which  is  dangerous  to  the  Duties  of 

.      .        boards  of 

public  health  breaks  out  in  a  town,  or  if  a  person  is  in-  health. 
fected  or  lately  has  been  infected  with  any  such  disease, 
the  board  of  health  shall  immediately  provide  such  hos- 
pital or  place  of  reception,  and  such  nurses  and  other 
assistance  and  necessaries,  as  is  judged  best  for  his 
accommodation  and  for  the  safety  of  the  inhabitants,  and 
the  same  shall  be  subject  to  the  regulations  of  the  board. 
The  board  may  cause  any  sick  or  infected  person  to  be 
removed  to  such  hospital  or  place,  it  if  can  be  done  with- 
out danger  to  his  health;  otherwise  the  house  or  place  in 
which  he  remains  shall  be  considered  as  a  hospital,  and  all 
persons  residing  in  or  in  any  way  connected  therewith 
shall  be  subject  to  the  regulations  of  the  said  board,  and, 
if  necessary,  persons  in  the  neighborhood  may  be  removed. 
Section  37.  Each  city  shall  establish  and  constantly  be  isolation 

.  .,..,..  .  .  hospital  for 

provided,   within   its  limits,   with   one  or  more  isolation  treatment 

of  smallpox, 

hospitals  for  the  reception  of  persons  having  smallpox  or  etc- cases- 
any  other  disease  dangerous  to  the  public  health.  Such 
hospitals  shall  be  subject  to  the  o"rders  and  regulations  of 
the  boards  of  health  of  the  cities  in  which  they  are  respec- 
tively situated.  A  city  which,  upon  request  of  the  state 
board  of  health,  refuses  or  neglects  to  comply  with  the 
provisions  of  this  section,  shall  forfeit  not  more  than  five 
hundred  dollars  for  each  refusal  or  neglect:  provided,  Proviso. 


44 


MANUAL  OF  LAWS. 


[CH.  75. 


Physicians, 
nurses,  etc., 
to  be  subject 
to  regulations. 


Location  of 
hospitals. 


Penalty  for 
unlawful  use. 


Treatment  of 
certain  other 


Inmates  not 
to  be  dis- 
criminated 
against. 


however,  that  if,  in  the  opinion  of  the  boards  of  health  of 
two  or  more  adjoining  cities  or  towns,  such  hospitals  can 
advantageously  be  established  and  maintained  in  common, 
the  authorities  of  the  said  cities  or  towns  may  enter  into 
such  agreements  as  may  be  necessary  for  the  establish- 
ment and  maintenance  of  the  same.  Section  38.  The 
physician,  nurses,  attendants,  patients  and  all  persons 
approaching  or  coming  within  the  limits  of  such  hospitals, 
and  all  furniture  and  other  articles  used  or  brought  there, 
shall  be  subject  to  the  regulations  of  the  local  board  of 
health.  Section  39.  Such  hospitals  shall  not  be  established 
within  one  hundred  rods  of  an  inhabited  dwelling  house 
situated  in  an  adjoining  city  or  towTn  without  the  consent 
of  the  board  of  health  of  such  city  or  town.  Section  Jf). 
Whoever  occupies  or  uses  a  building  for  a  hospital  in  a 
part  of  a  city  or  town  prohibited  by  the  mayor  and 
aldermen  or  selectmen  shall  forfeit  not  more  than  fifty 
dollars  for  every  month  during  which  such  offence  con- 
tinues, and  in  like  proportion  for  a  portion  of  the  month. 
The  supreme  judicial  court  or  the  superior  court  shall  have 
jurisdiction  in  equity  to  restrain  such  occupancy  or  use. 
Section  41-  Each  city  shall  provide  for  the  treatment, 
either  in  a  hospital  or  as  out-patients,  of  indigent  persons 
who  are  suffering  from  contagious  or  infectious  venereal 
diseases.  Section  1$.  No  discrimination  shall  be  made 
against  the  treatment  of  venereal  diseases  in  the  out- 
patient department  of  any  general  hospital  supported  by 
taxation  in  any  city  in  which  special  hospitals,  other  than 
hospitals  connected  with  penal  institutions,  are  not  pro- 
vided for  the  treatment  of  such  diseases  at  public  expense; 
but  any  such  hospital  may  establish  a  separate  ward  for 
their  treatment.1  [Approved  May  8,  1906. 

1  A  hospital  erected  by  a  city  for  the  treatment  of  contagious  diseases  is  by  R.  L., 
c.  75,  §  40,  under  the  supervision  of  the  board  of  health,  and  in  the  absence  of  proof 
will  not  be  presumed  to  be  a  nuisance,  public  or  private.  Manning  v.  Bruce  (1905), 

186  Mass.  285.     This  section,  though  it  requires  the  establishment  of  isolation  hospitals, 
does  not  require  that  all  persons  ill  with  diseases  dangerdus  to  the  public  health  shall 
be  treated  in  such  hospitals  and  not  elsewhere.     Haverhill  v.   Marlborough   (1904), 

187  Mass.  150. 


CH.75.]  PUBLIC  HEALTH.  45 

SECTION  48.     An  inmate  of  a  public  charitable  institu-  Tre?*"i?nt  of 

sypmiitics. 

tion  or  a  prisoner  in  a  penal  institution  who  is  afflicted  1891>  42°- 
with  syphilis  shall  be  forthwith  placed  under  medical 
treatment,  and,  if,  in  the  opinion  of  the  attending  physi- 
cian,'it  is  necessary,  he  shall  be  isolated  until  danger  of 
contagion  has  passed  or  the  physician  determines  that  his 
isolation  is  unnecessary.  If,  at  the  expiration  of  his 
sentence,  he  is  afflicted  with  syphilis  in  its  contagious  or 
infectious  symptoms,  or  if,  in  the  opinion  of  the  attending 
physician  of  the  institution  or  of  such  physician  as  the 
authorities  thereof  may  consult,  his  discharge  would  be 
dangerous  to  public  health,  he  shall  be  placed  under  medi- 
cal treatment  and  cared  for  as  above  provided  in  the 
institution  where  he  has  been  confined  until,  in  the 
opinion  of  the  attending  physician,  such  symptoms  have 
disappeared  and  his  discharge  will  not  endanger  the  public 
health.  The  expense  of  his  support,  not  exceeding  three 
dollars  and  fifty  cents  a  week,  shall  be  paid  by  the  place 
in  which  he  has  a  settlement,  after  notice  of  the  expiration 
of  his  sentence  and  of  his  condition  to  the  overseers  of  the 
poor  thereof,  or,  if  he  is  a  state  pauper,  to  the  state  board 
of  charity. 

SECTION  52.     [Amended  by  1907,  480,  infra.]     If  the  board  of  health  of  Local  board 
a  city  or  town  has  had  notice  of  a  case  of  smallpox,  diphtheria,  scarlet  fever  state  board, 
or  of  any  other  disease  dangerous  to  the  public  health  therein,  it  shall  within  1883,  138,  §  1. 
twenty-four  hours  thereafter  give  notice  thereof  to  the  state  board  of  health  1393]  302)  §  i[ 
stating  the  name  and  the  location  of  the  patient  so  afflicted,  and  the  secre- 
tary thereof  shall  forthwith  transmit  a  copy  of  such  notice  to  the  state 
board  of  charity. 

[1907,  480.] 

AN  ACT  TO  PROVIDE  FOR  THE  COMPULSORY  NOTIFICATION 
AND  REGISTRATION  OF  TUBERCULOSIS  AND  OTHER 
DISEASES  DANGEROUS  TO  THE  PUBLIC  HEALTH. 

SECTION    1.     Sections   forty-nine   and    fifty   of  chapter  R.  L.  75, 
seventy-five  of  the  Revised  Laws,  as  amended  by  chapter  and  52,  etc., 

amended. 

two  hundred  and  fifty-one  of  the  acts  of  the  year  nineteen 
hundred  and  five,   and  section  fifty-two  of  said  chapter 


46 


MANUAL  OF  LAWS. 


[Cn.  75. 


Local  boards 
to  notify 
state  board. 


seventy-five  are  hereby  amended  by  inserting  after  the 
word  "disease",  wherever  it  may  occur  in  said  sections, 
the  words:  —  declared  by  the  state  board  of  health  to  be, 
—  so  as  to  read  as  follows :  —  ...  Section  52.  If  the 
board  of  health  of  a  city  or  town  has  had  notice  of  a  case 
of  smallpox,  diphtheria,  scarlet  fever  or  of  any  other 
disease  declared  by  the  state  board  of  health  to  be  danger- 
ous to  the  public  health  therein,  it  shall  within  twenty-four 
hours  thereafter  give  notice  thereof  to  the  state  board  of 
health  stating  the  name  and  the  location  of  the  patient  so 
afflicted,  and  the  secretary  thereof  shall  forthwith  transmit 
a  copy  of  such  notice  to  the  state  board  of  charity. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  6,  1907. 


Forfeiture  of 
claim,  when. 
1883,  138,  §  2. 
1893,  302,  §  2. 


Expenses,  how 
to  be  paid. 
1701-2,9,  §§1,2. 
1797,  16,  §  1. 
1837,  244,  §  1. 
1843,  119. 
R.  S.  21,  §  16. 
G.  S.  26,  §  16. 
1874,  121,  §  2. 
P.  S.  80, 
§§  40,  83. 
187  Mass.  153, 
155,  156. 


Payment  of 
expenses 
incurred  by 
cities  and 
towns  for 
caring  for 
persons 
infected  with 
disease 
dangerous  to 
the  public 
health. 


SECTION  53.  If  such  board  refuses  or  neglects  to  give 
such  notice,  the  city  or  town  shall  forfeit  its  claim  upon 
the  commonwealth  for  the  payment  of  expenses  as  pro- 
vided in  section  fifty-seven. 

SECTION  57.  [Repealed  and  superseded  by  1902,  213;  1907,  386;  1909, 
380,  infra.]  Reasonable  expenses  incurred  by  the  board  of  health  in  making 
the  provision  required  by  law  for  a  person  infected  with  the  smallpox  or 
other  disease  dangerous  to  the  public  health  shall  be  paid  by  such  person, 
his  parents  or  master,  if  able;  otherwise  by  the  town  in  which  he  has  a 
legal  settlement.  If  he  has  no  settlement,  they  shall  be  paid  by  the  com- 
monwealth and  the  bills  therefor  shall  be  approved  by  the  state  board  of 
charity. l 

[1902,  213.] 

AN  ACT  RELATIVE  TO  COMPENSATING  CITIES  AND  TOWNS  FOR  CARING  FOR 
PERSONS  INFECTED  WITH  THE  SMALLPOX  OR  OTHER  DISEASE  DANGEROUS 
TO  THE  PUBLIC  HEALTH. 

SECTION  1.  [Amended  by  1907,  386;  1909,  380.]  Reasonable  expenses 
incurred  by  the  board  of  health  of  a  city  or  town  in  making  the  provision 
required  by  law  for  persons  infected  with  the  smallpox  or  other  disease 
dangerous  to  the  public  health  shall  be  paid  by  such  person  or  his  parents, 
if  he  or  they  be  able  to  pay,  otherwise  by  the  city  or  town  in  which  he  has 
a  legal  settlement,  upon  the  approval  of  the  bill  by  the  board  of  health  of 
such  city  or  town;  and  such  settlements  shall  be  determined  by  the  over- 
seers of  the  poor.  If  the  person  has  no  settlement  such  expense  shall  be 
paid  by  the  commonwealth,  upon  approval  of  bills  therefor  by  the  state 
board  of  charity.  In  all  cases  of  persons  having  settlements  a  written 


1  See  note  on  page  47. 


Cn.75.]  PUBLIC  HEALTH.  47 

notice  sent  within  the  time  required  in  case  of  aid  given  to  paupers,  shall 
be  sent  by  the  board  of  health  or  by  the  officer  or  board  having  the  powers 
of  a  board  of  health  in  the  city  or  town  where  the  person  is  sick,  to  the 
board  of  health,  or  to  the  officer  or  board  having  the  powers  of  a  board  of 
health  in  the  city  or  town  in  which  such  person  has  a  settlement,  who  shall 
forthwith  transmit  a  copy  thereof  to  the  overseers  of  the  poor  of  the  place 
of  settlement.  In  case  the  person  has  no  settlement  such  notice  shall  be 
given  to  the  state  board  of  health,  in  accordance  with  the  provisions  of 
section  fifty-two  of  chapter  seventy-five  of  the  Revised  Laws. 

SECTION  2.     [Amended  by  1907,  386.]     No  person  for  whose  care  and  Certain  per- 

,,,    ,  .      sons  not  to 

maintenance  a  city  or  town  or  the  commonwealth  has  incurred  expense  in  ije  deemed 

consequence  of  smallpox,  scarlet  fever,  diphtheria  or  other  disease  dangerous  paupers, 
to  the  public  health  shall  be  deemed  to  be  a  pauper  by  reason  of  such  ex- 
penditure. 

SECTION  3.     Section  fifty-seven  of  chapter  seventy-five  of  the  Revised  Repeal. 
Laws  is  hereby  repealed. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage.  \  [Approved 
March  26,  1902. 

[1907,  183.] 

AN  ACT  TO  AUTHORIZE  THE  STATE  BOARD  OP  HEALTH  TO 
DEFINE  WHAT  DISEASES  ARE  TO  BE  DEEMED  DANGER- 
OUS TO  THE  PUBLIC  HEALTH. 

SECTION  1.    The  state  board  of  health  is  hereby  author-  The  state 

board  of 

ized  and  directed  to  define  what  diseases  shall  be  deemed  Define  diseases 
to  be  "dangerous  to  the  public  health",  as  the  term  is  dJSSSwMto 
used  in  chapter  two  hundred  and  thirteen  of  the  acts  of  public  health' 
the  year  nineteen  hundred  and  two. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  8,  1907. 

[1907,  386.] 

AN  ACT  RELATIVE  TO  COMPENSATING  THE  COMMONWEALTH 
FOR  CARING  FOR  PERSONS  INFECTED  WITH  DISEASES 
DANGEROUS  TO  THE  PUBLIC  HEALTH. 

SECTION  1.     [Amended  by  1909,  880,  infra.]     Chapter  two  hundred  and  1902,  213,  §  1, 
thirteen  of  the  acts  of  the  year  nineteen  hundred  and  two  is  hereby  amended  amended- 
by  striking  out  section  one  and  inserting  in  place  thereof  the  following :  — 

1  Reimbursement  under  R.  L.,  c.  75,  §  57,  can  be  recovered  for  such  expenses 
only  as  have  been  made  for  the  persons  infected  with  the  disease,  and  do  not  extend 
to  outlays  for  the  preservation  of  the  public  health  purely;  thus  moneys  paid  a  phy- 
sician for  attendance  upon  the  infected  persons  as  well  as  an  agreed  sum  for  his  quaran- 
tine thereafter  may  be  recovered;  but  not  so  a  bill  for  police  guard  about  the  quaran- 
tine nor  for  supplies  furnished  persons  quarantined  with  the  infected  persons  but 
not  themselves  infected.  Haverhill  v.  Marlborough  (1904),  187  Mass.  150. 


48 


MANUAL  OF  LAWS. 


[Cn.  75. 


Payment  of 
expenses  of 
cities  and 
towns  for 
caring  for 
certain 
persons,  etc. 


Section  1.  Reasonable  expenses  incurred  by  the  board  of  health  of  a  city 
or  town  or  by  the  commonwealth  in  making  the  provision  required  by  law 
for  persons  infected  with  smallpox  or  other  disease  dangerous  to  the  public 
health  shall  be  paid  by  such  peison  or  his  parents  if  he  or  they  be  able  to 
pay,  otherwise  by  the  city  or  town  in  which  he  has  a  legal  settlement,  upon 
the  approval  of  the  bill  by  the  board  of  health  of  such  city  or  town  or  by 
the  state  board  of  charity;  and  such  settlements  shall  be  determined  by 
the  overseers  of  the  poor,  and  by  the  state  board  of  chaiity  in  cases  cared 
for  by  the  commonwealth.  If  the  person  has  no  settlement,  such  expense 
shall  be  paid  by  the  commonwealth,  upon  the  approval  of  bills  therefor  by 
the  state  board  of  charity.  In  all  cases  of  persons  having  settlements,  a 
written  notice  sent  within  the  time  required  in  the  case  of  aid  given  to 
paupers,  shall  be  sent  by  the  board  of  health,  or  by  the  officer  or  board 
having  the  powers  of  a  board  of  health  in  the  city  or  town  where  the  person 
is  sick,  to  the  board  of  health,  or  to  the  officer  or  board  having  the  powers 
of  a  board  of  health  in  the  city  or  town  in  which  such  person  has  a  settle- 
ment, who  shall  forthwith  transmit  a  copy  thereof  to  the  overseers  of  the 
poor  of  the  place  of  settlement.  In  case  the  person  has  no  settlement, 
such  notice  shall  be  given  to  the  state  board  of  health,  in  accordance  with 
the  provisions  of  section  fifty-two  of  chapter  seventy-five  of  the  Revised 
Laws. 


1902,  213,  §  2, 
amended. 


Certain  per- 
sons not  to 
be  deemed 
paupers. 


SECTION  2.  Section  two  of  said  chapter  two  hundred 
and  thirteen  is  hereby  amended  by  inserting  after  the  word 
"diphtheria",  in  the  third  line,  the  words:  —  tuberculosis, 
dog  bite  requiring  anti-rabic  treatment,  —  so  as  to  read  as 
follows :  —  Section  2.  No  person  for  whose  care  and 
maintenance  a  city  or  town  or  the  commonwealth  has 
incurred  expense  in  consequence  of  smallpox,  scarlet  fever, 
diphtheria,  tuberculosis,  dog  bite  requiring  anti-rabic  treat- 
ment, or  other  disease  dangerous  to  the  public  health  shall 
be  deemed  to  be  a  pauper  by  reason  of  such  expenditure. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.1 
[Approved  May  7,  1907. 


1902,  213,  §  1, 
etc.,  amended. 


[1909,  380.] 

AN  ACT  RELATIVE  TO  THE  EXPENSE  OF  CARING  FOR  PER- 
SONS INFECTED  WITH  DISEASES  DANGEROUS  TO  THE 
PUBLIC  HEALTH. 

SECTION  1.  Section  one  of  chapter  two  hundred  and 
thirteen  of  the  acts  of  the  year  nineteen  hundred  and  two, 
as  amended  by  section  one  of  chapter  three  hundred  and 


1  See  note  on  page  47. 


CH.75.]  PUBLIC  HEALTH.  49 

eighty-six  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  is  hereby  further  amended  by  adding  at  the  end 
thereof  the  words:  —  and  also  in  any  case  liable  to  be 
maintained  by  the  commonwealth  when  public  aid  has 
been,  rendered  to  such  sick  person,  a  written  notice  shall 
be  sent  to  the  state  board  of  charity,  containing  such 
information  as  will  show  that  the  person  named  therein  is 
a  proper  charge  to  the  commonwealth,  and  reimbursement 
shall  be  made  for  the  reasonable  expenses  incurred  within 
five  days  next  before  such  notice  is  mailed  and  thereafter 
until  such  sick  person  is  removed  under  the  provisions  of 
chapter  three  hundred  and  ninety-five  of  the  acts  of  the 
year  nineteen  hundred  and  four,  or  is  able  to  be  so  re- 
moved without  endangering  his  or  the  public  health,  —  so 
as  to  read  as  follows :  —  Section  1 .  Reasonable  expenses  Payment  of 

expenses  m- 

incurred  by  the  board  of  health  of  a  city  or  town  or  by  the  c"™*1  bj 

cities  and 

commonwealth  in  making  the  provision  required  by  law  for  ^person?1™8 
persons  infected  with  smallpox  or  other  disease  dangerous  disS^aln1-11 
to  the  public  health  shall  be  paid  by  such  person  or  his  pu™ik  heaHh. 
parents  if  he  or  they  be  able  to  pay,  otherwise  by  the  city 
or  town  in  which  he  has  a  legal  settlement,  upon  the 
approval  of  the  bill  by  the  board  of  health  of  such  city 
or  town  or  by  the  state  board  of  charity;  and  such  settle- 
ments shall  be  determined  by  the  overseers  of  the  poor, 
and  by  the  state  board  of  charity  in  cases  cared  for  by  the 
commonwealth.  If  the  person  has  no  settlement,  such 
expense  shall  be  paid  by  the  commonwealth,  upon  the 
approval  of  bills  therefor  by  the  state  board  of  charity. 
In  all  cases  of  persons  having  settlements,  a  written  notice 
sent  within  the  time  required  in  the  case  of  aid  given  to 
paupers,  shall  be  sent  by  the  board  of  health,  or  by  the 
officer  or  board  having  the  powers  of  a  board  of  health  in 
the  city  or  town  where  the  person  is  sick,  to  the  board  of 
health,  or  to  the  officer  or  board  having  the  powers  of  a 
board  of  health  in  the  city  or  town  in  which  such  person 
has  a  settlement,  who  shall  forthwith  transmit  a  copy 
thereof  to  the  overseers  of  the  poor  of  the  place  of  settle- 


50  MANUAL  OF  LAWS.  [CH.  75. 

merit.  In  case  the  person  has  no  settlement,  such  notice 
shall  be  given  to  the  state  board  of  health,  in  accordance 
with  the  provisions  of  section  fifty-two  of  chapter  seventy- 
five  of  the  Revised  Laws,  and  also  in  any  case  liable  to  be 
maintained  by  the  commonwealth  when  public  aid  has 
been  rendered  to  such  sick  person,  a  written  notice  shall 
be  sent  to  the  state  board  of  charity,  containing  such  in- 
formation as  will  show  that  the  person  named  therein  is  a 
proper  charge  to  the  commonwealth,  and  reimbursement 
shall  be  made  for  the  reasonable  expenses  incurred  within 
five  days  next  before  such  notice  is  mailed  and  thereafter 
until  'such  sick  person  is  removed  under  the  provisions  of 
chapter  three  hundred  and  ninety-five  of  the  acts  of  the 
year  nineteen  hundred  and  four,  or  is  able  to  be  so  re- 
moved without  endangering  his  or  the  public  health, 
wh^ntotake  SECTION  2.  This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  nine.1  [Approved 
May  13,  1909. 

Lying-in  SECTION  62.     [Amended  by  1910,  569;    1911,  264,  infra.1     The  select- 

1876P1i578'  men  °f  a  town  may  issue  a  license,  subject  to  revocation  by  them,  to  a 

§§  1.  2.  person  to  establish  or  keep  therein  for  two  years,  a  lying-in  hospital,  hospital 

5§  56,  57.  ward  or  other  place  for  the  reception,  care  and  treatment  of  women  in 

labor,  if  the  board  of  health  shall  first  certify  to  the  selectmen  that,  in  its 

judgment,  the  applicant  for  such  license  is  a  suitable  person,  and  that  from 

its  inspection  and  examination  of  such  hospital,  hospital  ward  or  other 

place  aforesaid,  the  same  is  suitable  for  such  business. 

-  visitation  of ,         SECTION  63.     [Amended  by  1910,  569,  infra.]     Such  hospital,  hospital 
P  S*  80,  §  58°       ward,  or  other  place  shall  be  subject  to  visitation  and  inspection  at  any  time 
1886,  101,  §  4.       by  the  selectmen,  the  board  of  health  and  the  chief  of  police,  and  if,  during 
the  year,  it  receives  more  than  six  patients,  by  the  state  board  of  health. 
Penalties  for  SECTION  64.     [Amended  by  1910,  569,  infra.}     Whoever   establishes  or 

pitaf  without       keeps  or  is  concerned  in  establishing  or  keeping  a  hospital,  hospital  ward 
license.  or  other  place  for  the  purpose  mentioned  in  section  sixty-two  or  is  engaged 

1 87fi    1  ^7    S  4 

P.  S.  80,  §59.  m  any  such  business,  without  such  license,  shall  for  the  first  offence  be 
punished  by  a  fine  of  not  more  than  five  hundred  dollars,  to  be  equally 
divided  between  the  complainant  and  the  town;  and  for  any  subsequent 
offence  by  imprisonment  for  not  more  than  two  years. 

1  See  note  on  page  47. 


CH.75.]  PUBLIC  HEALTH.  51 

[1910,  569.] 

AN  ACT  TO  PROVIDE  FOR  THE  LICENSING  AND  REGULATION 
OF   LYING-IN   HOSPITALS   IN   CITIES   AND   TOWNS. 

Chapter   seventy-five   of  the   Revised   Laws   is   hereby  R.  L.  75, 

§§  62,  63,  6£, 

amended  by  striking  out   sections   sixty-two,   sixty-three  amended. 
and  sixty-four,  and  inserting  in  place  thereof  the  following: 

SECTION  62.     [Amended  by  1911,  264,  infra.]     The  state  board  of  charity  Licensing  of 
may  issue  a  license,  subject  to  revocation  by  it,  to  a  person  whom  it  deems  lying-in 
suitable  and  responsible  to  establish  or  keep  for  two  years  within  a  city 
or  town  of  this  commonwealth,  a  lying-in  hospital,  hospital  ward  or  other 
place  for  the  reception,  care  and  treatment  of  women  in  labor,  if  the  local 
board  of  health  shall  first  certify  to  the  state  board  of  charity  that,  from  its 
inspection  and  examination  of  such  hospital,  hospital  ward  or  other  place 
aforesaid,  the  same  is  suitable  for  the  said  purpose. 

SECTION  63.  The  state  board  of  charity  shall  have  Supervision 
supervision  of  all  such  hospitals,  hospital  wards  or  othe  hospitals. 
places,  may  make  necessary  rules  for  their  regulation  and 
may  designate  its  agents  to  visit  and  inspect  the  same. 
The  said  hospitals,  hospital  wards  and  other  places  shall 
also  be  subject  to  visitation  and  inspection  at  any  time  by 
the  head  of  the  police  department,  or  his  authorized  agent, 
or  the  board  of  health  of  a  city,  or  by  the  chief  of  police, 
selectmen,  or  the  board  of  health  of  a  town,  and  if,  during 
the  year,  it  receives  more  than  six  patients,  by  the  state 
board  of  health. 

SECTION  64.     Whoever  establishes  or  keeps  or  is  con-  Penalty  for 

,    .  i  i  •    i  •  i  ••  •  PI-      keeping,  etc., 

cerned  in  establishing  or  keeping  in  a  city  or  town  or  this  of  iying-in 

&  .  .  hospitals, 

commonwealth  a  hospital,  hospital  ward  or  other  place  for  without  a 

license. 

the  purpose  mentioned  in  section  sixty-two  or  is  engaged 
in  any  such  business,  without  such  license,  shall  for  the 
first  offence  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars;  and  for  any  subsequent  offence  by 
imprisonment  for  not  more  than  two  years.  [Approved 
May  26,  1910. 


52 


MANUAL  OF  LAWS. 


[Cn.  75. 


R.  L.  75,  §  62, 
etc.,  amended. 


Licensing,  etc. 
of  lying-in 
hospitals. 


[1911,  264.] 

AN  ACT  TO  PROVIDE  FOR  THE  LICENSING  AND  REGULATION 
OF   LYING-IN   HOSPITALS   IN   CITIES   AND   TOWNS. 

Section  sixty-two  of  chapter  seventy-five  of  the  Revised 
Laws,  as  amended  by  chapter  five  hundred  and  sixty-nine 
of  the  acts  of  the  year  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  inserting  after  the  word  "person",  in 
the  second  line,  the  words :  —  body  or  association  of  per- 
sons, incorporated  or  unincorporated,  whether  for  a 
charitable  purpose  or  otherwise,  —  so  as  to  read  as  follows : 
—  Section  62.  The  state  board  of  charity  may  issue  a 
license,  subject  to  revocation  by  it,  to  a  person,  body  or 
association  of  persons,  incorporated  or  unincorporated, 
whether  for  a  charitable  purpose  or  otherwise,  whom  it 
deems  suitable  and  responsible  to  establish  or  keep  for  two 
years  within  a  city  or  town  of  this  commonwealth,  a  lying- 
in  hospital,  hospital  ward  or  other  place  for  the  reception, 
care  and  treatment  of  women  in  labor,  if  the  local  board  of 
health  shall  first  certify  to  the  state  board  of  charity  that, 
from  its  inspection  and  examination  of  such  hospital, 
hospital  ward  or  other  place  aforesaid,  the  same  is  suitable 
for  the  said  purpose.  [Approved  April  10,  1911. 


Care  of  certain 
persons 
infected  with 
disease 
dangerous  to 
the  public 
health. 


Payment  of 
expenses. 


ADDITIONAL   LEGISLATION. 

[1904,  395.] 

AN    ACT    RELATIVE     TO    THE     CARE     OF     PERSONS     INFECTED     WITH     DISEASES 
DANGEROUS    TO    THE    PUBLIC    HEALTH. 

SECTION  1.  [Amended  by  1909,  391,  infra.}  The  state  board  of  charity 
may,  if  found  expedient,  remove  any  person  who  is  infected  with  a  disease 
dangerous  to  the  public  health,  and  who  is  maintained  or  liable  to  be  main- 
tained by  the  commonwealth,  to  any  hospital  provided  for  state  paupers, 
or  may  provide  such  place  of  reception  for  such  person  as  is  judged  best  for 
his  accommodation  and  the  safety  of  the  public,  which  place  shall  be  sub- 
ject to  the  regulations  of  the  board,  and  may  remove  such  person  thereto. 

SECTION  2.  Any  expenses  incurred  in  carrying  out  the  provisions  of 
this  act  may  be  paid  from  the  annual  appropriation  for  expenses  in  con- 
nection with  smallpox  and  other  diseases  dangerous  to  the  public  health. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  2,  1904. 


CH.75J  PUBLIC  HEALTH.  53 


[1909,  391.] 

AN  ACT-  RELATIVE  TO  THE  CARE  AND  REMOVAL  BY  THE 
STATE  BOARD  OF  CHARITY  OF  PERSONS  INFECTED  WITH 
DISEASES  DANGEROUS  TO  THE  PUBLIC  HEALTH. 

SECTION  1.  Section  one  of  chapter  three  hundred  and 
ninety-five  of  the  acts  of  the  year  nineteen  hundred  and 
four  is  hereby  amended  by  striking  out  the  words  "and 
may  remove  such  person  thereto"  at  the  end  of  said  sec- 
tion, and  inserting  in  place  thereof  the  words :  —  and  shall 
have  the  same  authority  to  remove  such  persons  thereto  as 
is  conferred  upon  boards  of  health  by  the  provisions  of 
section  thirty-six  of  chapter  seventy-five  of  the  Revised 
Laws,  as  amended  by  chapter  three  hundred  and  sixty-five 
of  the  acts  of  the  year  nineteen  hundred  and  six,  —  so  as 
to  read  as  follows :  —  Section  1 .  The  state  board  of  char-  Care  of  certain 

.»     ,  ,  ,.  ,         .      persons 

ity  may,  it  found   expedient,  remove   any  person  who  is  infected  with 

disease 

infected  with  a  disease  dangerous  to  the  public  health,  and  dangerous  to 

the  public 

who  is  maintained  or  liable  to  be  maintained  by  the  com-  health- 
monwealth,  to  any  hospital  provided  for  state  paupers,  or 
may  provide  such  place  of  reception  for  such  person  as  is 
judged  best  for  his  accommodation  and  the  safety  of  the 
public,  which  place  shall  be  subject  to  the  regulations  of 
the  board,  and  shall  have  the  same  authority  to  remove 
such  persons  thereto  as  is  conferred  upon  boards  of 
health  by  the  provisions  of  section  thirty-six  of  chapter 
seventy-five  of  the  Revised  Laws,  as  amended  by  chapter 
three  hundred  and  sixty-five  of  the  acts  of  the  year  nine- 
teen hundred  and  six. 

SECTION  2.    Any  expenses  incurred  in  carrying  out  the  Payment  of 

..  PI-  i  "if  i  i  expenses. 

provisions  or  this  act  may  be  paid  from  the  annual  appro- 
priation for  expenses  in  connection  with  smallpox  and 
other  diseases  dangerous  to  the  public  health. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  14,  1909. 

For  authority  to  discharge  patients  from  Penikese  Hospital, 
see  1913,  73,  p.  252,  infra. 


54 


MANUAL  OF  LAWS. 


[Cn.  80. 


Legal  settle- 
ments. 
C.  L.  123,  §  2. 


—  by  married 
women. 
1789,  14,  §  3. 

12  Mass.  363. 

13  Allen,  88. 

—  by  legiti- 
mate children. 
1789,  14,  §  3. 

12  Mass.  428. 

13  Mass.  468. 


-by 

illegitimate 
children. 
1789,  14,  §  3. 
13  Mass.  381. 
8  Cush.  75. 
8  Allen,  551. 


SETTLEMENT   OF  PAUPERS. 

R.  L.  CHAPTER  80. 
OF  THE  SETTLEMENT  OF  PAUPERS. 

[Repealed  by  1911,  669,  infra.] 

SECTION  1.     Legal  settlements  may  be  acquired  in  any  city  or  town  in 
the  following  manner,  and  not  otherwise:1 

1692-3,  28,  §  9.  R.  S.  45,  §  1.  97  Mass.  382. 


1700-1,  23,  §  5. 
1766-7,  17,  §  6. 
1789,  14. 
1793,  34,  §  2. 


G.  S.  69,  §  1. 
1878,  190,  §  1. 
P.  S.  83,  §  1. 


138  Mass.  305. 
182  Mass.  513. 
184  Mass.  559. 


First,  A  married  woman  shall  follow  and  have  the  settlement  of  her 
husband  if  he  has  any  within  the  commonwealth;  otherwise,  she  shall 
retain  her  own  at  the  time  of  marriage  if  she  then  had  any. 2 

131  Mass.  454.  149  Mass.  223.  196  Mass.  393. 

Second,   Legitimate   children  shall  follow  and  have  the  settlement  of 
their  father  if  he  has  any  within  the  commonwealth;    otherwise,  they  shall 
follow  and  have  the  settlement  of  their  mother  if  she  has  any. 3 
15  Mass.  237.  3  Pick.  172.  6  Allen,  31. 


16  Mass.  134. 
1  Pick.  197. 


18  Pick.  264. 
8  Cush.  528. 


114  Mass.  554. 
196  Mass.  393. 


Third,  Illegitimate  children  shall  have  the  settlement  of  their  mother  at 
the  time  of  their  birth  if  she  then  has  any  within  the  commonwealth. 4 

1  "The  privilege  or  qualification  of  having  a  settlement  is  personal,  and  attends 
and  attaches  to  the  person."  Shaw,  C.J.,  in  Great  Harrington  v.  Tyringham  (1836), 
18  Pick.  264,  at  265.  Where  the  town  records  show  votes  which  contain  admissions 
that  a  pauper  is  settled  therein,  such  records  are  admissible  to  prove  such  settlement 
and  warrant  a  finding  to  that  effect.  Bridgewater  v.  Wareham  (1885),  138  Mass.  305. 

*  "The  purpose  of  the  first  clause  (see  1911,  669,  §  1,  cl.  2)  was  to  recognize  the 
merger  of  the  wife  by  the  marriage  relation,  and  the  right  of  the  husband  to  fix  their 
domicile;  and  if  he  failed  to  maintain  it  for  a  sufficient  time  to  acquire  a  settlement 
which  by  force  of  law  should  also  be  that  of  his  wife,  then  she  should  not  lose  her  own 
by  reason  of  her  marriage."  Braley,  J.,  in  Bradford  v.  Worcester  (1903),  184  Mass. 
557,  at  559.  A  contract  of  marriage  void  by  reason  of  one  of  the  parties  having  been 
non  compos  mentis  at  the  time  of  contracting  will  not  operate  to  destroy  a  settlement 
held  by  a  woman  prior  to  such  contract.  Middleboro  v.  Rochester  (1815),  12  Mass. 
363. 

8  "The  general  principle  is,  that  every  person,  who  is  by  law  incapable  of  gaining 
a  settlement  in  his  own  right,  shall  have  the  settlement  of  that  person,  on  whom  he 
depends  for  support;  who  at  the  same  time  has  the  control  of  this  person,  and  the 
right  to  his  services."  Wilde,  J.,  in  Dedham  v.  Natick  (1819),  16  Mass.  135,  at  139. 
Hence,  the  settlement  of  a  widow,  acquired  by  her  after  the  death  of  her  husband,  is 
communicated  to  her  infant  children.  Idem.  A  person  non  compos  mentis  is  incapable 
of  gaining  a  settlement  by  his  own  act.  Phillip  v.  Boston  (1903),  183  Mass.  314.  Thus 
a  legitimate  child  who  is  non  compos  mentis  upon  reaching  21  is  incapable  of  gaining 
a  settlement  for  himself  and  therefore  follows  the  settlement  of  his  father.  Upton 
v.  Northbridge  (1818),  15  Mass.  237.  But  incipient  insanity  which  does  not  render 
him  incapable  of  making  a  valid  contract,  will  not  so  operate.  Buckland  v.  Charle- 
mont  (1825),  3  Pick.  173.  Marriage  of  a  female  child  during  minority  works  an  emanci- 
pation thereby  rendering  her  incapable  of  following  the  settlement  of  her  parents. 
Charlestown  v.  Boston  (1816),  13  Mass.  469. 

4  An  illegitimate  child,  legitimated  by  the  marriage  of  its  parents  thereupon  takes 
the  settlement  of  its  father.  Monson  v.  Palmer  (1864),  8  Allen  551.  So  also  an  adoptive 
child,  by  virtue  of  the  adoption.  Washburn  v.  White  (1886),  140  Mass.  568. 


CH.SO.]  SETTLEMENT  OF  PAUPERS.  55 

Fourth,  A  person  of  the  age  of  twenty-one  years  who  has  an  estate  of  Legal  settle- 
inheritance  or  freehold  in  any  place  within  the  commonwealth  and  lives  holders,  ^etc.6^ 
thereon  three  consecutive  years  shall  thereby  acquire  a  settlement  in  such  1789,  14,  §  1. 
place.  l  1868,  328,  §  1.  1871,  379,  §  1.  1  Pick.  153. 

21  Pick.  233.  1  Gray,  619.  125  Mass.  521. 

3  Met.  165.  6  Allen,  431.  127  Mass.  540. 
5  Met.  350.  9  Allen,  137.  131  Mass.  18. 

4  Cush.  172.  107  Mass.  598.  140  Mass.  224. 
8  Cush.  525.  110  Mass.  113.  159  Mass.  491. 

Fifth,  A  person  of  the  age  of  twenty-one  years  who  resides  in  any  place      ]?  y,  resic*ents 

»••...         and  tax  payers. 
within  this  commonwealth  for  five  consecutive  years  and  within  that  time  1789,  14,  §  1. 

pays  all  state,  county,  city  or  town  taxes  duly  assessed  on  his  poll  or  estate  *g^«  p?'  I  ?• 
for  any  three  years  within  that  time  shall  thereby  acquire  a  settlement  in  1874^  274^ 
such  place.  l  1898,  425,  §  1.  13  Mass.  501.  16  Mass.  236.  §§  !>  3- 

7  Pick.  42.  15  Gray,  496.  130  Mass.  370. 

8  Pick.  379.  6  Allen,  508.  132  Mass.  495,  519. 
10  Met.  115.                           99  Mass.  587.  153  Mass.  192. 

12  Met.  35.  105  Mass.  293.  159  Mass.  491. 

4  Cush.  557.  126  Mass.  477.  180  Mass.  39. 

Sixth,  A  woman  of  the  age  of  twenty-one  years,  including  a  married  ~sideneemen' 
woman  who  has  no  settlement  derived  by  marriage  under  the  provisions  of  1870,  392,  §  1. 
the  first  clause,  and  a  widow,  who  resides  in  any  place  within  this  common-  ||^'  j^*1  f  |- 
wealth  for  five  consecutive  years,  shall  thereby  acquire  a  settlement  in  such  120  Mass'.  574. 
place.  *  137  Mass.  152.  140  Mass.  243,  325. 


424 

144  Mass.  25.  165  Mass.  251.  191  Mass.  128. 

155  Mass.  359.  183  Mass.  315. 

1  Where  the  statute  calls  for  a.  term  of  residence  by  which  a  settlement  may  be 
gained  such  term  must  have  begun  upon  or  after  the  passage  of  the  act.  Rutland  v. 
Mendon  (1822),  1  Pick.  154.  Residence  within  the  meaning  of  this  statute  is  held  to 
indicate  domiciliary  residence  merely.  Thus  an  interval  of  absence  but  without 
change  of  domicile  did  not  interrupt  the  residence  for  the  purpose  of  gaining  a  settle- 
ment. Let  v.  Lenox  (I860),  15  Gray,  496;  Wilbraham  v.  Ludlow  (1868),  99  Mass. 
587.  Where  the  statute  requires  a  definite  period  of  residence  in  order  to  gain  a  settle- 
ment such  settlement  will  be  gained  by  a  person  who  while  mentally  competent  to 
contract  and  exercise  choice  takes  up  such  residence  even  though  he  become  non 
compos  mentis  before  the  expiration  of  the  required  period.  This  conclusion  is  based 
upon  the  fundamental  rule  that  a  state  of  things  once  shown  to  exist  is  presumed  to 
continue  until  a  change  is  proved.  Chicopee  v.  Whately  (1863),  6  Allen,  508.  Under 
the  provisions  of  §  1,  cl.  5,  the  three  years  in  which  all  taxes  are  paid  must  fall  within 
the  five  years  of  residence.  Thus  where  the  third  full  tax  year  had  not  been  completed 
when  the  person  ceased  to  be  capable  of  gaining  a  settlement,  it  was  held  that  no  settle- 
ment was  gained.  Taunton  v.  Wareham  (1891),  153  Mass.  192.  "Ordinarily  the 
word  'resides'  may  be  construed  as  having  a  residence  in  a  place  and  to  be  there, 
settled  as  a  home,  and  in  our  laws  relating  to  taxation,  voting  and  settlement  of  paupers 
has  the  same  meaning  as  domicile."  Braley,  J.,  in  Phillips  v.  Boston  (1903),  183 
Mass.  314,  p.  315.  "In  general  terms,  one  may  be  designated  as  an  inhabitant  of 
that  place,  which  constitutes  the  principal  seat  of  his  residence,  of  his  business,  pur- 
suits, connections,  attachments,  and  of  his  political  and  municipal  relations.  It  is 
manifest,  therefore,  that  it  embraces  the  fact  of  residence  at  a  place,  with  the  intent 
to  regard  it  and  make  it  his  home.  The  act  and  intent  must  concur  and  the  intent 
may  be  inferred  from  declaration  and  conduct."  Shaw,  C.J.,  in  Lyman  v.  Fiske 
(1835),  17  Pick.  231,  at  234.  An  abatement  of  tax  presupposes  the  assessment  not 
duly  made.  Vide  Billerica  v.  Chelmsford  (1813),  10  Mass.  394. 

1  The  provisions  of  §  1,  cl.  6,  save  in  the  exception  stated,  do  not  apply  to  married 
women.  See  Someroille  v.  Boston  (1876),  120  Mass.  574.  A  married  woman  may 
acquire  a  settlement  by  residence  apart  from  her  husband  where  separate  domicile  is 
egally  established.  See  Clark  v.  Clark  (1906),  191  Mass.  128. 


56 


MANUAL  OF  LAWS. 


[Cn.  80. 


Legal  settle- 
ments by  town 
officers. 
12  Mass.  262. 
1  Pick.  129. 

—  by  settled 
ministers. 
4  Gush.  553. 
— by  appren- 
tices, etc. 


—  how 
acquired  by 
soldiers  and 
sailors. 

1865,  230, 
§§  1.  3. 

1866,  288. 
1868,  328,  §  3. 

1870,  392, 
§§  3-5. 

1871,  379,  §  2. 
97  Mass.  382. 
102  Mass.  358. 
104  Mass.  46. 
107  Mass.  282. 
115  Mass.  342. 
130  Mass.  107. 
132  Mass.  498, 
510,  519. 

138  Mass.  256, 
293. 

139  Mass.  15. 
144  Mass.  520. 
150  Mass.  106. 


—  upon 
division  or 
incorporation 
of  towns. 
1872,  280. 
1  Pick.  144. 
24  Pick.  164. 
6  Met.  484. 
4  Gush.  185. 
1  Allen,  75. 
125  Mass.  304. 


Seventh,  A  person  who  is  chosen  and  actually  serves  one  whole  year  or 
for  such  period  as  is  included  between  two  successive  annual  town  elections 
as  clerk,  treasurer,  selectman,  overseer  of  the  poor,  assessor,  constable  or 
collector  of  taxes  in  any  place  shall  thereby  acquire  a  settlement  therein. 

Eighth,  A  settled  ordained  minister  of  the  gospel  shall  acquire  a  settle- 
ment in  the  place  wherein  he  is  settled  as  a  minister.  7  Allen,  90. 

Ninth,  A  minor  who  serves  an  apprenticeship  to  a  lawful  trade  for  four 
years  in  any  place,  and  actually  sets  up  such  trade  therein  within  one  year 
after  the  expiration  of  said  term,  being  then  twenty-one  years  of  age,  and 
continues  there  to  carry  on  the  same  for  five  years,  other  than  as  a  hired 
journeyman,  shall  thereby  acquire  a  settlement  in  such  place. 

Tenth,  [embodied  in  1911,  669,  §  1,  d.  5,  infra}  A  person  who  was 
enlisted  and  mustered  into  the  military  or  naval  service  of  the  United 
States,  as  a  part  of  the  quota  of  a  city  or  town  in  this  commonwealth,  under 
any  call  of  the  President  of  the  United  States  during  the  war  of  the  rebellion 
or  who  was  assigned  as  a  part  of  the  quota  thereof  .after  having  been  enlisted 
and  mustered  into  said  service,  and  who  served  for  not  less  than  one  year, 
or  died  or  became  disabled  from  wounds  or  disease  received  or  contracted 
while  engaged  in  such  service,  or  while  a  prisoner  of  the  enemy,  and  his 
wife  or  widow  and  minor  children,  shall  be  deemed  thereby  to  have  acquired 
a  settlement  in  such  place;  and  any  person  who  would  otherwise  be  entitled 
to  a  settlement  under  this  elause,  but  who  was  not  a  part  of  the  quota  of 
any  city  or  town,  shall,  if  he  served  as  a  part  of  the  quota  of  the  common- 
wealth, be  deemed  to  have  acquired  a  settlement  in  the  place  where  he 
actually  resided  at  the  time  of  his  enlistment.  But  these  provisions  shall 
not  apply  to  any  person  who  was  enlisted  and  received  a  bounty  for  such 
enlistment  in  more  than  one  place  unless  the  second  enlistment  was  made 
after  an  honorable  discharge  from  the  first  term  of  service,  nor  to  any  person 
who  has  been  proved  guilty  of  wilful  desertion,  or  who  left  the  service 
otherwise  than  by  reason  of  disability  or  an  honorable  discharge. l 

Eleventh,  [embodied  in  1911,  669,  §  1,  d.  6]  Upon  the  division  of  a 
city  or  town,  every  person  having  a  legal  settlement  therein,  but  being 
absent  at  the  time  of  such  division,  and  not  having  acquired  a  legal  settle- 
ment elsewhere,  shall  have  his  legal  settlement  in  the  city  or  town  contain- 
ing the  last  dwellirg  place  or  home  which  he  had  in  the  city  or  town  so 
divided;  and  if  a  new  city  or  town,  composed  of  a  part  of  one  or  more 
other  cities  or  towns,  is  incorporated,  every  person  legally  settled  in  the 
places  of  which  such  new  city  or  town  is  so  composed,  and  who  actually 
dwells  and  has  his  home  within  the  bounds  of  such  new  city  or  town  at  the 
time  of  its  incorporation,  and  any  person  duly  qualified  as  provided  in 

1  The  legislative  intent  in  cl.  10  includes  every  man  who  at  any  period  served  and 
went  to  make  up  the  quota,  although  his  service  may  have  begun  and  ended  before 
the  quota  was  ascertained.  Bridgewater  v.  Plymouth  (1867),  97  Mass.  382,  at  390. 
It  applies  to  drafted  men  as  well  as  to  volunteers,  and  this  even  though  it  appears  after 
a  year's  service  that  the  person  had  been  illegally  drafted.  Sheffield  v.  Otis  (1871), 
107  Mass.  282.  Nor  will  the  settlement  be  defeated  by  the  fact  that  the  enlistment 
and  service  are  consummated  under  a  false  name.  Mil  ford  v.  Uxbridge  (1881),  130 
Mass.  107.  Nor  that  the  soldier  was  a  minor  at  the  time  of  enlistment.  Fall  River 
v.  Taunton  (1889),  150  Mass.  106.  The  settlement  thus  gained  is  held  by  virtue  of 
the  retroactive  provision  of  the  statute  to  be  acquired  immediately  upon  the  com- 
pletion of  the  conditions.  Boston  v.  Warwick  (1882),  132  Mass.  519.  A  military 
settlement  gained  under  el.  10  may  be  replaced  by  another  settlement  gained  under 
the  same  provision,  even  though  both  settlements  have  been  completed  before  the 
act  went  into  effect.  Granville  v.  Southampton  (1884),  138  Mass.  256. 


CH.80.]  SETTLEMENT  OF  PAUPERS.  57 

the  tenth  clause  of  this  section,  who,  at  the  time  of  his  enlistment,  dwelt 
and  had  his  home  within  such  bounds,  shall  thereby  acouire  a  legal  settle- 
ment in  such  new  place;  but  no  person  residing  in  that  part  of  a  place 
which  upon  such  division  is  incorporated  into  a  new  city  or  town,  and  who 
then  has  no  legal  settlement  therein,  shall  acquire  any  by  force  of  such  in- 
corporation only;  nor  shall  such  incorporation  prevent  his  acquiring  a 
settlement  therein  within  the  time  and  by  the  means  by  which  he  would 
have  gained  it  there  if  no  such  division  had  been  made. 

SECTION  2.     No  person  shall  acquire  a  settlement,  or  be  in  process  of  Legal  settle- 
acquiring  a  settlement,  while  receiving  relief  as  a  pauper,  unless,  within  ^quire'd  while 
five  years  after  the  time  of  receiving  such  relief,  he  reimburses  the  cost  receiving  relief 
thereof  to  the  city  or  town  furnishing  the  same. l  ^7^  ^T^Ti 

P.  S.  83,  §  2.  4  Allen,  574.  144  Mass.  25.  1879!  242^  § 

13  Met.  192.  128  Mass.  287.  180  Mass.  39. 

13  Gray,  92.  136  Mass.  424.  196  Mass.  395. 

SECTION  3.     [Embodied   in   1911,   669,   §  3.]     No  person   who   actually  Inability  to 
supports  himself  and  his  family  shall  be  deemed  to  be  a  pauper  by  reason  e'te*  in'insane' 
of  the  commitment  of  his  wife,  child  or  other  relation  to  an  insane  hospital  hospital,  etc., 
or  other  institution  of  charity,  reform  or  correction  by  order  of  a  court  or  ^°e  a  t^uper 
magistrate,  and  of  his  inability  to  maintain  such  wife,  child  or  relation  1881,  188. 
therein. 2  1898,  433,  §  23.  19  Pick.  480.  P'  S'  83'  5  3' 

15  Gray,  15.  105  Mass.  293.  160  Mass.  232. 

13  Allen,  88.  138  Mass.  101.  180  Mass.  39. 

SECTION  4.     No  person  who  has  begun  to  acquire  a  settlement  by  the  Provision  for 

laws  in  force  at  and  before  the  time  when  this  chapter  takes  effect,  in  any  persons  who 
,  ,,  .     ,      ,  ,.  .,      ,  ,  .,  ,       have  begun 

of  the  ways  in  which  any  period  of  time  is  prescribed  for  a  residence,  or  for  to  acquire 

the  continuance  or  succession  of  any  other  act,  shall  be  prevented  or  de-  ^ttoe?^njSo 
layed  by  the  provisions  hereof;    but  he  shall  acquire  a  settlement  by  a  G!  s!  69*,  §  2. 
continuance  or  succession  of  the  same  residence  or  other  act,  in  the  same  J^f1  o^'A2' 
time  and  manner  as  if  the  former  laws  had  continued  in  force. 

SECTION  5.     Except    as    hereinafter   provided,    every    legal    settlement  Settlements  to 
shall  continue  until  it  is  defeated  or  lost  by  the  acquisition  of  a  new  one  1793^ 34e'  etc' 
within  this  commonwealth;    and  upon  the  acquisition  of  such  new  settle-  §  2,  cl.  12. 
ment  all  former  settlements  shall  be  defeated  and  lost. 3  Q  |'  6g'  |  i 

P.  S.  83,  §5.  13  Met.  192.  13  Gray,  586.  1878,' 190,  §  3. 

11  Mass.  441.  6  Cush.  61.  182  Mass.  512. 

1  A  person  supported  in  a  prison  while  serving  sentence  is  not  "receiving  relief 
as  a  pauper."     Whately  v.  Hatfield  (1907),  196  Mass.  393.     (See  1911,  669,  §  2.)     A 
man  cannot  gain  a  settlement  while  his  wife  is  with  his  knowledge  receiving  relief 
as  a  pauper.     Oakham  v.    Warwick   (1866),   13  Allen,  88;    Charlestown  v.  Groveland 
(1859),  15  Gray,  15.     Per  contra,  if  such  relief  be  given  without  his  knowledge  and 
without  demand  upon  him  for  reimbursement.     Berkeley  v.  Taunton  (1837),  19  Pick. 
480;    Wareham  v.  Milford  (1870),  105  Mass.  293.     Nor  while  he  is  receiving  money 
from  public  funds  for  the  relief  of  his  child.     Taunton  v.  Middleborough  (1846),   12 
Met.  35.     And  it  is  not  requisite  that  such  public  relief  be  rendered  by  the  city  or 
town  in  which  he  is  in  process  of  gaining  a  settlement.     Worcester  v.  Auburn  (1862), 
4  Allen,  574.     But  this  provision  does  not  hold  in  the  case  of  a  stepchild  since  the  father 
is  not  legally  bound  to  support  it.     Brookfield  v.  Warren  (1880),  128  Mass.  287.     Where 
the  statute  provides  that  the  interruption  to  the  gaining  of  a  settlement  caused  by 
receiving  relief  as  a  pauper  may  be  removed  by  reimbursement,  it  is  not  necessary 
to  wait  until  the  expiration  of  the  time  named  in  such  provision  before  bringing  action 
gainst  the    place  of  present  settlement.     Dedham  v.  Milton  (1884),   136  Mass.  424. 

2  The  Massachusetts  State  Infirmary  is  held  to  fall  within  the  provisions  of   §  3, 
Shrewsbury  v.  Worcester  (1901),  180  Mass.  38.     Section  3  (see  1911,  669,  §  3)  is  pros- 
pective only  in  its  operation.     Worcester  v.  Barre  (1884),  138  Mass.  101. 

3  A  settlement  gained   in    Massachusetts  is  not  lost  by  the  gaining  of  a  settlement 
under  foreign  law  in  another  State.     Canton  v.  Bentley  (1814),  11  Mass.  441. 


58  MANUAL  OF  LAWS.  [CH.SO. 

Settlements  SECTION  6.     Any  settlement  which  was  not  fully  acquired  subsequent 

1870,  392,  §  2.  to  the  first  day  of  May  in  the  year  eighteen  hundred  and  sixty  is  hereby 

1871,  379,  §  3.  defeated  and  lost,  unless  such  settlement  prevented  a  subsequent  acquisition 
P.  S*.  83, '§  6.'  °f  settlement  in  the  same  place;    but  if  a  settlement  acquired  by  marriage 
1898,  425,  §  2.  js  so  defeated,  the  former  settlement  of  the  wife,  if  not  also  so  defeated, 
187  Mass.  595.  shall  be  revived.     A  person  who  is  absent  from  the  commonwealth  for 

ten  consecutive  years  shall  lose  his  settlement. l 

[1911,  669.] 

AN  ACT   RELATIVE   TO   LEGAL   SETTLEMENTS. 

on^aTsetSe-  SECTION  1.  Legal  settlements  may  be  acquired  in  any 
ment.  cfty  or  town  in  the  following  manner  and  not  other- 

wise: — 

First,  Any  man  or  woman,  including  a  married  woman 
whose  husband  has  no  settlement  within  the  common- 
wealth, of  the  age  of  twenty-one  years,  who  hereafter 
resides  in  any  city  or  town  within  this  commonwealth  for 
five  consecutive  years,  shall  thereby  acquire  a  settlement 
in  such  place. 

Second,  A  married  woman  shall  follow  and  have  the 
settlement  of  her  husband  if  he  has  any  within  the  com- 
monwealth; otherwise,  she  shall  retain  her  own  at  the 
time  of  marriage  if  she  then  had  any. 

Third,  Legitimate  children  shall  follow  and  have  the 
settlement  of  their  father  if  he  has  any  within  the  com- 
monwealth; otherwise,  they  shall  follow  and  have  the 
settlement  of  their  mother  if  she  has  any;  if  the  father 
dies  during  the  minority  of  his  children  they  shall  there- 
after follow  and  have  the  settlement  of  their  mother;  in 
the  event  of  the  divorce  of  the  parents  the  minor  children 
shall  follow  and  have  the  settlement  of  the  parent  to 
whom  the  court  awards  the  custody  of  said  minor  children. 

Fourth,  Illegitimate  children  shall  follow  and  have  the 
settlement  of  their  mother  if  she  has  any  within  the 
commonwealth. 

1  Section  6  is  not  retroactive.  Lawrence  v.  Methuen  (1905),  187  Mass.  592. 
The  provision  of  R.  L.,  c.  80,  §  6,  that  "a  person  who  is  absent  from  the  common- 
wealth for  ten  consecutive  years  shall  lose  his  settlement,"  is  applicable  to  an  insane 
person  who  was  removed  to  an  asylum  in  another  State  and  there  maintained  for  more 
than  ten  consecutive  years.  3  Op.  A.  G.  207  (March  5,  1909). 


CH.SO.]  SETTLEMENT  OF  PAUPERS.  59 

Fifth,  A  person  who  enlisted  and  was  mustered  into  the 
military  or  naval  service  of  the  United  States,  as  a  part  of 
the  quota  of  a  city  or  town  in  this  commonwealth  under 
any  call  of  the  president  of  the  United  States  during  the 
war  of  the  rebellion,  or  who  was  assigned  as  a  part  of  the 
quota  thereof  after  having  enlisted  and  been  mustered  into 
said  service,  and  who  served  for  not  less  than  one  year,  or 
who  died  or  became  disabled  from  wounds  or  disease  re- 
ceived or  contracted  while  engaged  in  such  service,  or 
while  a  prisoner  of  the  enemy,  and  his  wife  or  widow  and 
minor  children  shall  be  deemed  thereby  to  have  acquired  a 
settlement  in  such  place;  and  any  person  who  would  other- 
wise be  entitled  to  a  settlement  under  this  clause,  but  who 
was  not  a  part  of  the  quota  of  any  city  or  town,  shall,  if 
he  served  as  a  part  of  the  quota  of  the  commonwealth,  be 
deemed  to  have  acquired  a  settlement  in  the  place  where 
he  actually  resided  at  the  time  of  his  enlistment.  But 
these  provisions  shall  not  apply  to  any  person  who  enlisted 
and  received  a  bounty  for  such  enlistment  in  more  than 
one  place  unless  the  second  enlistment  was  made  after  an 
honorable  discharge  from  the  first  term  of  service,  nor  to 
any  person  who  has  been  proved  guilty  of  wilful  desertion, 
or  who  left  the  service  otherwise  than  by  reason  of  dis- 
ability or  an  honorable  discharge. 

Sixth,  Upon  the  division  of  a  city  or  town,  every  person 
having  a  legal  settlement  therein,  but  being  absent  at  the 
time  of  such  division,  and  not  having  acquired  a  legal 
settlement  elsewhere,  shall  have  his  legal  settlement  in 
the  city  or  town  containing  the  last  dwelling  place  or  home 
which  he  had  in  the  city  or  town  so  divided;  and,  if  a  new 
city  or  towrn,  composed  of  a  part  of  one  or  more  other 
cities  or  towns,  is  incorporated,  every  person  legally  settled 
in  any  of  the  places  of  which  such  new  city  or  town  is  so 
composed,  and  who  actually  dwells  and  has  his  home 
within  the  bounds  of  such  new  city  or  town  at  the  time  of 
its  incorporation,  and  any  person  duly  qualified  as  pro- 
vided in  the  fifth  clause  of  this  section,  who,  at  the  time  of 


60 


MANUAL  OF  LAWS. 


[Cn.  80. 


Persons  re^ 
ceiving  relief 
as  paupers  not 
to  acquire 
settlement 
unless,  etc. 


Certain  per- 
sons not  to 
be  deemed 
paupers. 


his  enlistment,  dwelt  and  had  his  home  within  such 
bounds,  shall  thereby  acquire  a  legal  settlement  in  such 
new  city  or  town;  but  no  person  residing  in  that  part  of  a 
city  or  town  which  upon  such  division  is  incorporated  into 
a  new  city  or  town,  and  who  then  has  no  legal  settlement 
therein,  shall  acquire  any  by  force  of  the  incorporation 
only;  nor  shall  such  incorporation  prevent  his  acquiring  a 
settlement  therein  within  the  time  and  by  the  means  by 
which  he  would  have  gained  it  there  if  no  such  division 
had  been  made. 

SECTION  2.  No  person  shall  acquire  a  settlement,  or  be 
in  process  of  acquiring  a  settlement,  while  receiving  relief 
as  a  pauper,  unless,  within  two  years  after  the  time  of 
receiving  such  relief,  he  tenders  reimbursement  of  the  cost 
thereof  to  the  commonwealth,  or  to  the  city  or  town 
furnishing  the  same. 

SECTION  3.  [Amended  by  1913,  266,  infra.]  No  person  who  actually 
supports  himself  and  his  family  shall  be  deemed  to  be  a  pauper  by  reason 
of  the  commitment  of  his  wife,  child  or  other  relative  to  an  insane  hospital 
or  other  institution  of  charity,  reform  or  correction  by  order  of  a  court  or 
magistrate,  and  of  his  inability  to  maintain  the  wife,  child  or  relative  therein. 


1911,  669,  §  3, 
etc.,  amended. 


[1913,  266.] 

AN  ACT  TO  PROVIDE  THAT  CERTAIN  NEEDY  PERSONS  SHALL 
NOT  BE  TERMED  PAUPERS. 

SECTION  1.  Section  three  of  chapter  six  hundred  and 
sixty-nine  of  the  acts  of  the  year  nineteen  hundred  and 
eleven  is  hereby  amended  by  adding  at  the  end  thereof 
the  words :  —  or  who,  to  the  best  of  his  ability,  has  at- 
tempted to  provide  for  himself  and  his  dependents  and 
has  not  been  a  mendicant,  and  who,  through  no  crime  or 
misdemeanor  of  his  own,  has  come  into  grievous  need  and 
receives  aid  or  assistance  given  temporarily,  or  partial 
support  continuously,  to  him  or  his  family:  provided,  that 
nothing  in  this  act  shall  be  construed  to  affect,  directly  or 
indirectly,  settlement,  poor  or  pauper  laws,  or  laws  by 
which  any  charity,  aid  or  assistance  is  furnished  by  public 


CH.80.]  SETTLEMENT  OF  PAUPERS.  61 

authority,  —  so  as  to  read  as  follows :  —  Section  3.     No  Certain  per- 
sons not  to 
person  who  actually  supports  himself  and  his  family  shall  be  deemed 

paupers. 

be  deemed  to  be  a  pauper  by  reason  of  the  commitment  of 
his  wife,  child  or  other  relative  to  an  insane  hospital  or 
other  institution  of  charity,  reform  or  correction  by  order 
of  a  court  or  magistrate,  and  of  his  inability  to  maintain 
the  wife,  child  or  relative  therein;  or  who,  to  the  best  of 
his  ability,  has  attempted  to  provide  for  himself  and  his 
dependents  and  has  not  been  a  mendicant,  and  who, 
through  no  crime  or  misdemeanor  of  his  own,  has  come 
into  grievous  need  and  receives  aid  or  assistance  given 
temporarily,  or  partial  support  continuously,  to  him  or 
his  family:  provided,  that  nothing  in  this  act  shall  be  Proviso. 
construed  to  affect,  directly  or  indirectly,  settlement,  poor 
or  pauper  laws,  or  laws  by  which  any  charity,  aid  or 
assistance  is  furnished  by  public  authority. 

SECTION  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  March  8,  1913. 


SECTION  4.     [See  also  1914,  323,  infra.]    A  person  who,  L°8?°f 

'  settlement. 

after  the  passage  of  this  act,  is  absent  for  five  consecutive 
years  from  the  city  or  town  in  which  he  had  a  settlement 
shall  thereby  lose  his  settlement.  But  the  time  during 
which  a  person  shall  have  been  an  inmate  of  any  public 
hospital,  public  sanatorium,  almshouse,  jail,  prison,  or 
other  public  institution,  wTithin  the  commonwealth,  or  of  a 
soldiers'  or  sailors'  home  whether  within  or  without  the 
commonwealth,  shall  not  be  counted  in  computing  the 
time  either  for  acquiring  or  for  losing  a  settlement,  except 
as  provided  in  section  two. 

SECTION  5.     All  existing  settlements  shall  continue  in  Existing 

settlements 

force  until  changed  or  defeated  by  the  provisions  of  this  to  continue 

in  force  until, 

act,  and  no  person  who  has  begun  to  acquire  a  settlement  etc- 
by  the  laws  in  force  at  and  before  the  time  when  this  act 
takes  effect,  in  any  of  the  ways  in  which  any  period  of 
time  is  prescribed  for  a  residence  or  for  the  continuance  or 


62 


MANUAL  OF  LAWS. 


[Cn.  80. 


A  settlement 
not  fully 
acquired  to 
be  defeated 
by  this  act. 


Repeal. 


succession  of  any  other  act,  shall  be  prevented  or  delayed 
by  the  provisions  hereof,  but  he  shall  acquire  a  settlement 
by  a  continuance  or  succession  of  the  same  residence  or 
other  act,  in  the  same  time  and  manner  as  if  the  former 
laws  had  continued  in  force. 

SECTION  6.  Any  settlement  which  was  not  fully  ac- 
quired subsequent  to  the  first  day  of  May  in  the  year 
eighteen  hundred  and  sixty  is  hereby  defeated  and  lost, 
unless  such  settlement  prevented  a  subsequent  acquisition 
of  settlement  in  the  same  place;  but  if  a  settlement  ac- 
quired by  marriage  is  so  defeated,  the  former  settlement 
of  the  wife,  if  not  also  so  defeated,  shall  be  revived. 

SECTION  7.  Chapter  eighty  of  the  Revised  Laws  is 
hereby  repealed.  [Approved  July  13,  1911. 


o?  to1betc'' 


ADDITIONAL   LEGISLATION. 

[1914,  323.] 

AN  ACT  RELATIVE  TO  THE  SETTLEMENTS  OF  PATIENTS  WHO 
ARE   INMATES   OF   INSTITUTIONS. 

SECTION  1.     In  determining  the  settlement  of  a  person 
who  is  or  has  been  an  inmate  of  a  state  sanatorium  or 
gating  settle-    hospital  or  other  state  institution,  the  time  during  which 

ment,  in  certain  .,...  ,       .  1-11 

cases,  etc.  he  was  in  the  institution,  or  during  wrhich  he  was  in  any 
manner  under  the  care  or  direction  of  such  institution  or 
of  any  officer  connected  therewith,  shall  not  be  reckoned 
in  determining  the  length  of  his  residence  in  the  city  or 
town  in  which  such  institution  is  situated. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  8,  1914- 


CH.SI.]  SUPPORT  OF  PAUPERS.  63 

SUPPORT   OF   PAUPERS. 

R.  L.  CHAPTER  81. 

OF  THE  SUPPORT  OF  PAUPERS  BY  CITIES  AND 
TOWNS. 

SECTION  1.    Every  city  and  town  shall  relieve  and  sup-  Towns  to 

/       support  poor. 

port  all  poor  and  indigent  persons  lawfully  settled  therein,  C^L.^  §§29- 
whenever  they  stand  in  need  thereof.1        R-  s.  46,  §  i.  i^ss,  ei,  §  i. 

G.  S.  70,  §  1.  10  Gush.  238.  160  Mass.  232,  503. 

P.  S.  84,  §  1.  3  Allen,  515,  196  Mass.  393. 

9  Met.  495.  106  Mass.  262. 

SECTION  2.     The  overseers  of  the  poor  shall  have  the  Powers  and 

.  •  ,  nn  i  •  duties  of 

care  and  oversight  01  all  such  poor  and  indigent  persons  overseers  of 
so  long  as  they  remain  at  the  charge  of  their  respective  J788,  ei,  §  i. 
cities    or   towns,    and    shall    see   that   they    are    suitably  ^f'^ §2- 
relieved,   supported   and   employed,    either   in  the   work-  p's's^'li'. 
house  or  almshouse,  or  in  such  other  manner  as  the  city  8°Aiien,'73.  ' 
or  town  directs,   or  otherwise  at  the  discretion  of  said  128  Mass!  MS! 
overseers.      They    may    remove    to    the    almshouse    such 
children  as  are  suffering  destitution  from  extreme  neglect 
of  dissolute  or  intemperate  parents  or  guardians,  except  as 
hereinafter  provided.2 

See  1905,  162,  p.  11,  supra,  relative  to  plans  for  almshouse  build- 
ings. 

1  "The  liability  of  towns  to  support  poor  persons  is  founded  upon  and  limited 
by  statute,  and  is  not  to  be  enlarged  or  modified  by  any  supposed  moral  obligation." 
Shaw,  C.J.,  in  Smith  v.  Colrain  (1845),  9  Met.  492,  at  495.     Thus,  the  liability  of  a 
town  for  aid  rendered  to  poor  persons  by  citizens  after  notice  does  not  extend  to  such 
aid  rendered  outside  the  town.     Idem.     The  community  is  under  no  moral  or  natural 
obligation  to  relieve  its  poor.     The  duty  is  therefore  of  mere  positive  obligation,  created 
and  charged  upon  it  by  the  statute.     The  nature  and  extent  of  such  obligation  are 
consequently  limited  and  controlled  by  the  statute.     See  Shaw,  C.J.,  in  East  Sudbury 
v.  Sudbury  (1831),  12  Pick.  1,  at  6. 

2  Under  §  2  the  overseers  may  provide  support  in  another  city  or  town.     Smith 
v.  Pedbody  (1871),  106  Mass.  262.     They  may  send  children  to  a  proper  home  in  a 
distant  place  even  against  the  wishes  and  without  the  consent  of  their  parents  who 
are  not  of  sufficient  ability  to  support  them.     Idem.     The  word  support  in  this  statute 
includes  maintenance  as  distinguished  from  mere  board.     Gould  v.  Lawrence  (1893), 
160  Mass.  232.     The  overseers  of  the  poor  can  legally  bind  their  town  by  a  contract 
for  the  support  in  another  town  of  a  person  lawfully  settled  in  their  town  who  is  too 
sick  to  be  removed  and  is  in  immediate  need  of  relief.     Aldrich  v.  Blackstone  (1879), 
128  Mass.  148.     Such  a  contract,  being  a  work  of  necessity  or  charity,  is  valid  though 
executed  on  the  Lord's  day.     Idem. 


64 


MANUAL  OF  LAWS. 


[Cn.  81. 


Care  of 
paupers  in 
families. 

1897,  374,  §  1. 

1898,  396,  §  1. 


Visitation  by 
board  of 
charity. 

1897,  374,  §  3. 

1898,  396,  §  2. 


R.  L.  81,  §  4, 
amended. 


Visitation  by 
board  of 
charity. 


Overseers  to 
place  pauper 
children  in 
families. 
1879,  103,  §  1. 
P.  S.  84,  §  3. 
1893,  197,  §  1. 


SECTION  3.  In  towns  in  which  paupers  are  provided  for 
in  families,  the  overseers  of  the  poor  shall  investigate  each 
place  where  the  town  paupers  are  to  be  so  provided  for, 
and  shall  endeavor  by  contract  to  secure  their  proper  care 
and  maintenance.  A  full  and  complete  record  of  each  case 
shall  be  kept,  showing  the  terms  of  the  contract  and  what 
services,  if  any,  are  to  be  rendered  by  the  paupers.  A 
majority  of  the  overseers  of  the  poor  shall  certify  upon 
the  records  that  such  investigation  has  been  made  in  each 
case,  and  that  they  are  satisfied  that  the  paupers  will  be 
properly  cared  for.  The  overseers  of  the  poor,  either  by 
one  of  their  own  number  or  by  a  duly  appointed  agent, 
shall,  at  least  once  in  every  six  months,  visit  each  place 
where  the  town  paupers  are  supported,  and  a  record  of 
each  visit  and  of  the  condition  of  the  paupers  visited  shall 
be  kept.1 

SECTION  4.  [Amended  by  1905,  285,  infra.}  The  state  board  of  charity 
may  visit  and  inspect  all  places  where  town  paupers  are  supported  in 
families. 

[1905,  285.] 

AN  ACT   RELATIVE  TO  THE  VISITATION   OF   CITY  AND   TOWN 
PAUPERS   BY   THE   STATE   BOARD    OF   CHARITY. 

Section  four  of  chapter  eighty-one  of  the  Revised  Laws 
is  hereby  amended  by  inserting  after  the  word  "where", 
in  the  second  line,  the  words :  —  city  or,  —  so  as  to  read 
as  follows :  —  Section  4-  The  state  board  of  charity  may 
visit  and  inspect  all  places  where  city  or  town  paupers  are 
supported  in  families.  [Approved  April  13,  1905. 

SECTION  5.  [Amended  by  1905,  803,  §  1,  infra}  In  every  city  and 
town,  said  overseers  shall  place  every  pauper  child  who  is  in  their  charge 
and  is  over  four  years  of  age  in  a  respectable  family  in  the  commonwealth, 
or  in  an  asylum  therein,  to  be  there  supported  by  the  city  or  town  according 
to  the  laws  relative  to  the  support  of  the  poor  until  they  can  be  otherwise 

1  In  its  technical  sense  the  word  "pauper"  designates  a  person  who  has  received 
support  from  the  public  funds.  Metcalf,  J.,  in  Hutchings  v.  Thompson  (1852),  10 
Cush.  238.  In  the  untechnical  sense  of  the  term  a  "pauper,"  in  the  language  of  the 
law,  is  one  residing  or  found  in  any  town  where  he  falls  into  distress,  and  stands  in 
need  of  immediate  relief."  Shaw,  C.J.,  in  Shearer  v.  Shelburne  (1852),  10  Cush.  3, 
at  5. 


CH.8L]  SUPPORT  OF  PAUPERS.  65 

cared  for.  The  overseers,  personally  or  by  agent,  shall  visit  such  child  at 
least  once  in  three  months  and  make  all  needful  inquiries  as  to  his  treatment 
or  welfare. 

[1905,  303,  §  1.] 

AN   ACT   RELATIVE    TO    THE    PLACING    OF    PAUPER    CHILDREN 
IN   FAMILIES. 

SECTION  1.     Section  five  of  chapter  eighty-one  of  the  R.  L.  si,  js, 
Revised  Laws  is  hereby  amended  by  striking  out  the  word 
"four",  in  the  second  line,  and  inserting  in  place  thereof 
the  word:  —  two,  —  so  as  to  read  as  follows:  —  Section  5.  Overseers  of 

the  poor  to 

In  every  city  and  town,  said  overseers  shall  place  every  C3hff|re)n'1j£er 
pauper  child  who  is  in  their  charge  and  is  over  two  years  families' eto- 
of  age  in  a  respectable  family  in  the  commonwealth,  or  in 
an  asylum  therein,  to  be  there  supported  by  the  city  or 
town  according  to  the  laws  relative  to  the  support  of  the 
poor  until  they  can  be  otherwise  cared  for.     The  overseers, 
personally  or  by  agent,  shall  visit  such  child  at  least  once 
in  three  months  and  make  all  needful  inquiries  as  to  his 
treatment  or  welfare.    [Approved  April  17,  1905. 

[For  support  of  children  by  their  parerts,  see  1906,  501,  p.  118; 
1909,  180,  p.  118;  and  1911,  456,  p.  121,  infra.]  For  disposition  of 
epileptic  children,  see  1909,  504,  §§  66,  67. 

SECTION  6.    If  said  overseers  of  any  city,  except  Boston,  Board  of 
or  of  any  town,  fail  to  place  out  any  pauper  child  accord-  place  pauper 

, .  .  children  in 

mg  to  the  provisions  of  the  preceding  section  for  two  f1|^ill4e0s1i  when- 
months  after  the  date  of  receiving  such  child,  the  state  \j®'  ™fc  |  ^ 
board  of  charity,  to  the  exclusion  of  said  overseers,  shall 
perform  such  duty,  and  such  child  shall,  under  the  direc- 
tion of  said  board,  be  supported  by  the  city  or  town  in  the 
same  manner  as  if  placed  out  by  the  overseers,  and  shall 
be  subject  to  visitation  by  the  officers  or  agents  of  said 
board  until  the  board  is  satisfied  that  the  overseers  will 
properly  care  for  him. 

SECTION  7.     [Amended  by  1905,  803,  §  2;    1913,  112,  infra.}     No  such  Such  children 
child  who  can  be  cared  for  as  provided  in  section  five  without  inordinate  retained  in 
expense  shall  be  retained  in  an  almshouse  unless  he  is  a  state  pauper  or  an  almshouses 


66 


MANUAL  OF  LAWS. 


[Cn.  81. 


unless  state 
paupers,  etc. 
1879,  103,  §  2. 
P.  S.  84,  §  4. 


R.  L.  81,  §  7, 
amended. 

Certain 
children  not 
to  be  retained 
in  almshouses. 


idiot,  or  otherwise  so  defective  in  body  or  mind  as  to  make  his  retention  in 
an  almshouse  desirable,  or  unless  he  is  under  the  age  of  eight  years  and  his 
mother  is  an  inmate  thereof  and  is  a  suitable  person  to  aid  in  taking  care 
of  him. 

[1905,  303,  §  2.] 

AN  ACT  RELATIVE   TO  THE   PLACING   OF  PAUPER   CHILDREN  IN  FAMILIES. 

SECTION  2.  Section  seven  of  said  chapter  eighty-one  is  hereby  amended 
by  striking  out  the  word  "eight",  in  the  fifth  line,  and  inserting  in  place 
thereof  the  word:  —  five,  —  so  as  to  read  as  follows: — Section  7.  No 
such  child  who  can  be  cared  for  as  provided  in  section  five  without  in- 
ordinate expense  shall  be  retained  in  an  almshouse  unless  he  is  a  state  pauper 
or  an  idiot,  or  otherwise  so  defective  in  body  or  mind  as  to  make  his  re- 
tention in  an  almshouse  desirable,  or  unless  he  is  under  the  age  of  five  years 
and  his  mother  is  an  inmate  thereof  and  is  a  suitable  person  to  aid  in  taking 
care  of  him.  [Approved  April'  17,  1905. 


Certain  chil- 
dren not  to  be 
retained  in 
almshouses. 


[1913,  112.] 

AN  ACT   RELATIVE   TO   THE   PLACING   OF   PAUPER    CHILDREN 
IN   FAMILIES. 

SECTION  1.  Section  seven  of  chapter  eighty-one  of  the 
Revised  Laws,  as  amended  by  section  two  of  chapter  three 
hundred  and  three  of  the  acts  of  the  year  nineteen  hundred 
and  five,  is  hereby  further  amended  by  striking  out  the 
word  "five",  in  the  sixth  line,  and  inserting  in  place 
thereof  the  word :  —  three,  —  so  as  to  read  as  follows :  — 
Section  7.  No  such  child  who  can  be  cared  for  as  pro- 
vided in  section  five  without  inordinate  expense  shall  be 
retained  in  an  almshouse  unless  he  is  a  state  pauper  or  an 
idiot,  or  otherwise  so  defective  in  body  or  mind  as  to  make 
his  retention  in  an  almshouse  desirable,  or  unless  he  is 
under  the  age  of  three  years  and  his  mother  is  an  inmate 
thereof  and  is  a  suitable  person  to  aid  in  taking  care  of 
him. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  February  17,  1913. 


Powers  of 
overseers. 
1828,  142,  §  2. 


SECTION  8.     The  overseers  of  the  poor  shall  have  the 
same  power  and  authority  over  persons  placed  under  their 


CH.81.]  SUPPORT  OF  PAUPERS.  67 

care  which  directors  or  masters  of  workhouses  have  over  §;  |;  ^  1 1 
persons  committed  thereto.  ise  Mass.  342. 

SECTION  9.     A  pauper,   his  executor  or  administrator  Liability  of 

pauper. 

shall  be  liable  in  an  action  of  contract  to  a  city  or  town  in  JSIT,  ise,  §  5. 

loo-j,  llo. 

which-  he  has  a  settlement  for  expenses  incurred  by  it  for  12  Mass- 327- 

his  Support.1  *  Allen,  24.  146  Mass.  134. 

148  Mass.  159.  186  Mass.  342.  196  Mass.  65. 

SECTION  10.    The  kindred  of  such  poor  persons,  in  the  Certain 

*•  kindred  to 

line  or  degree  of  father  or  grandfather,  mother  or  grand-  supl^rt28 
mother,  children  or  grandchildren,  by  consanguinity,  living 
in  this  commonwealth,  and  of  sufficient  ability,  shall  be 
bound  to  support  such  poor  persons  in  proportion  to  their  fgof,' fts.Ys. 
respective  ability.     The  mother  shall  be  under  the  same  locush.  m 

i          i        i  T        .•  L     i  1-11  J.T        6  Allen,  586. 

legal   obligation   to   support   her  pauper   children   as  the  128  Mass.  137, 
father,  but  she  shall  not  be  liable  to  criminal  prosecution  144  Mass.  25. 

160  Mass.  232. 

for  the  enforcement  of  such  obligation.2 

SECTION  11.     A  justice  of  the  superior  court  sitting  in  Superior  court 
.,.,  i»        i    -i  •    i     i        **?  asses3  sucn 

equity  in  the  county  in  which  any  one  of  such  kindred  to  ki;?drQed 

~ 

be  charged  resides,  upon  complaint  of  any  city,  town  or 

1  The  laws  granting  State  aid,  military  aid  and  soldiers'  relief  do  not  preclude  their 
beneficiaries  from  the  right  to  claim  support  under  the  poor  laws.     Grossman  v.  New 
Bedford  Institution  for  Savings  (1893),  160  Mass.  503.     Consequently,  a  person  who, 
though  entitled  to  such  aid,  claims  only  poor  relief,  is  pauperized  thereby  and  the 
town  ia  not  barred  from  recovering  against  him  for  support  by  the  fact  that  it  has 
not  afforded  him  soldiers'  relief.     Idem.     See  also   Taunton  v.  Talbot  and  Millis  v. 
Frink,  p.  6,  supra. 

2  The  word  "kindred"  includes  only  blood  relationship:  thus  the  husband  is  liable 
to  the  town  for  relief  given  to  his  wife  as  a  pauper,  but  his  liability  is  at  common  law 
and  not  by  virtue  of  this  section  of  the  statute.     Brookfleld  v.  Allen  (1863),  6  Allen, 
585.     In  like  manner  a  stepfather  is  not  within  the  statute  and  pauper  relief  to  his 
stepchild  will  not  make  him  a  pauper.     Brookfield  v.  Warren  (1880),  128  Mass.  287. 
Sed  per  contra  if  he  takes  them  into  his  family,  for  in  that  case  he  stands  in  loco  parentis, 
and,  in  the  absence  of  express  contract  or  other  circumstance   showing  a  different 
arrangement,  has  a  right  to  their  services  and  is  liable  for  their  support  and  educa- 
tion.    Mulhern  v.  McDavitt  (1860),   16  Gray,  404;    Livingston  v.  Hammond  (1894), 
162  Mass.  375;  Kirchgassner  v.  Rodick  (1898),  170  Mass.  543.     The  liability  of  a  grand- 
father under  R.  L.,  c.  81,  §§  10,  11,  to  reimburse  a  town  for  expense  incurred  for  the 
support  of  a  pauper  grandchild  who  is  a  minor  is  not  affected  by  the  fact  that,  when 
the  support  was  furnished  by  the  town,  another  person  had  been  appointed  by  the 
probate  court  the  guardian  of  the  grandchild  with  the  custody  of  his  person.     Fair- 
haven  v.  Howland  (1913),  216  Mass.  149.     The  term  "such  poor  persons"  in  §  10  is 
not  confined  to  persons  who  have  been  public  charges,  but  includes  all  poor  and  indi- 
gent persons  standing  in  need   of  relief.     Hutchings  v.   Thompson  (1852),  10  Cush. 
238.     So  also  the  term  "such  pauper"  in   §   11.     Idem.     The  term   "of  sufficient 
ability"  means  present  ability;    not  ability  to  pay  the  assessment  under  all  the  un- 
certain contingencies  which  might  happen  in  the  future.     Templeton  v.  Stratum  (1879), 
128  Mass.  137. 


68 


MANUAL  OF  LAWS. 


[Cn.  81. 


1793,  59,  §  3. 
R.  S.  46,  §  6. 
G.  S.  70,  §  5. 
P.  S.  84,  §  7. 
1898,  425,  §  4. 
3  Mass.  436. 

10  Cush.  238. 

11  Cush.  24. 
5  Gray,  28. 
128  Mass.  137. 


Assessment 
for  future 
expenses. 
1793,  59,  §  3. 
R.  S.  46,  §  7. 
G.  S.  70,  §  6. 
P.  S.  84,  §  8. 


Further  orders. 
1793,  59,  §  3. 
R.  S.  46,  §  9. 
G.  S.  70, 
§§  8,  11. 
P.  S.  84, 
§§  10,  13. 


Proceedings  on 
complaints. 
1793,  59,  §  3. 
R.  S.  46,  §  10. 
G.  S.  70,  §  9. 
P.  S.  84,  §  11. 


Costs,  how 
taxed. 

1793,  59,  §  3. 
1834,  103. 
R.  S.  46, 
§§  8,  12. 
G.  8.  70, 
§§  7,  11. 


kindred  who  has  been  at  expense  for  the  relief  and  support 
of  such  pauper,  may  on  due  hearing  assess  and  apportion 
upon  such  of  the  kindred  as  it  finds  to  be  of  sufficient 
ability  and  in  proportion  thereto  such  amount  as  he  shall 
consider  reasonable  for  or  towards  the  support  of  the 
pauper  to  the  time  of  such  assessment,  and  may  enforce 
payment  thereof  by  execution  in  common  form;  but  such 
assessment  shall  not  extend  to  any  expense  for  relief 
afforded  more  than  two  years  previous  to  the  filing  of  the 
complaint. 

SECTION  12.  The  court  may  further  assess  and  appor- 
tion upon  said  kindred  such  weekly  amount  as  it  finds 
sufficient  for  the  future  support  of  the  pauper,  which  shall 
be  paid  quarterly  until  the  further  order  of  court;  and 
upon  application  from  time  to  time  of  the  city,  town  or 
kindred,  to  whom  it  is  ordered  to  be  paid,  the  clerk  of  said 
court  shall  issue  and  may  renew  an  execution  for  the 
arrears  of  any  preceding  quarter. 

SECTION  13.  The  court  may,  from  time  to  time,  upon 
application  of  any  party  interested,  make  further  orders, 
alter  such  assessment  and  apportionment  according  to 
circumstances  and  may  order  with  and  by  whom  of  such 
kindred  as  desire  it,  such  pauper  shall  live  and  be  relieved, 
and  the  length  of  time  he  shall  live  with  different  kindred, 
having  regard  to  the  comfort  of  the  pauper  as  well  as  the 
convenience  of  the  kindred. 

SECTION  14.  The  complaint,  made  as  provided  in  sec- 
tion eleven,  shall  be  filed  in  the  clerk's  office,  and  a 
summons,  directed  to  any  officer  qualified  to  serve  civil 
process,  shall  be  thereupon  issued  requiring  the  kindred 
therein  named  to  appear  and  answer  thereto;  and  it  shall 
be  served  like  an  original  summons. 

SECTION  15.  The  court  may  award  costs  to  either 
party  and  if  it  adjudges  two  or  more  of  the  kindred 
of  a  pauper  to  be  of  sufficient  ability  to  contribute  to 
his  support,  it  shall  tax  no  more  costs  against  any  one 


CH.81.]  SUPPORT  OF  PAUPERS.  69 

respondent  than  is  occasioned  by  his  default  or  separate  ^f'f*' 
defence.  10  Alien,  es. 

SECTION    16.      Upon    suggestion    that   there    are    other  other  kindred 

may  be 

kindred  of  ability  not  summoned  in  the  original  process,  i™"^*1*^ 
they  .may  be  summoned,   and  after  due  notice,   whether  §•  |-  ^-  1  }*• 
they    appear    or    are    defaulted,    the   court    may   proceed  p  S-  84>  §  12- 
against  them  in  the  same  manner  as  if  they  had  been 
summoned  upon  the  original  complaint. 

SECTION  17.    The  overseers  of  the  poor,  in  their  respec-  Overseers  to 

provide  for 

tive  places,  shall  provide  for  the  immediate  comfort  and  immediate 

relief  of 

relief   of   all   persons    residing    or   found   therein,    having  Action61"8' 
lawful   settlements   in   other  places,   when  they  fall   into 

12! 
4' 


distress  and  stand  in  need  of  immediate  relief,  and  until  §!  I;  70!    12 


they  are  removed  to  the  places  of  their  lawful  settlements.  5  M^S.  325. 
The  expense  thereof  and  of  their  removal,  or  burial  in  case  n  Mass.  432. 

.  14  Mass.  227. 

ot  their  decease,  may  be  recovered  in  an  action  or  con-  2  Pjck.  341. 
tract  against  the  place  liable  therefor,  if  commenced  within  }^  ?&£•  ^ 
two  years  after  the  cause  of  action  arises,  but  nothing  shall  los^Ma^iio 
be  recovered  for  relief  furnished  more  than  three  months  ii^^'io?6' 
prior  to  notice  thereof  given  to  the  defendant.1  iss  Mais!  109! 

1  Allen,  23. 
140  Mass  402 
For  what  may  be  included  in  the  reimbursement,  see  1909,  292,  141  Mass!  58o! 

p.  86,  infra.  8  Allen,  73. 

160  Mass.  506. 
164  Mass.  506. 

SECTION  18.    A  judgment  for  the  plaintiff  in  such  action  Judgment 

•  o  •       conclusive. 

shall  be  conclusive  as  to  the  settlement  of  such  pauper  in  1793,  59,  §  9. 

1  Overseers  of  the  poor  in  extending  aid  to  a  person  "  standing  in  need  of  immediate 
relief"  are  justified  in  extending  such  aid  when  in  their  best  judgment  upon  the  evi- 
dence presented  and  after  vigilant  inquiry  such  need  exists;  and  reimbursement  is 
recoverable  against  the  place  of  settlement  even  though  it  may  appear  that  the  person 
relieved  possessed  property.  Palmer  v.  Hampden  (1903),  182  Mass.  511.  But  ex- 
penses to  be  recoverable  must  have  been  incurred  within  three  months  prior  to  notice. 
It  is  not  sufficient  that  they  be  merely  paid  within  that  time.  East  Sudbury  v.  Sud- 
bury  (1831),  12  Pick.  1.  Such  recovery  may  be  had  within  the  provisions  of  this 
section  for  all  expenses  down  to  the  date  of  the  writ.  Northampton  v.  Plainfield 
(1895),  164  Mass.  506.  An  action  brought  by  one  town  against  another  for  the  support 
of  a  pauper  will  not  bar  an  action  against  the  same  defendant  by  a  third  town  for 
the  support  of  the  same  pauper,  because  the  parties  plaintiff  are  not  the  same  and 
there  is  no  privity  between  them.  See  dictum  in  Winthrop  v.  Athol  (1913),  216  Mass. 
79.  A  right  of  action  against  the  place  of  settlement  will  not  bar  an  action  against 
relatives  legally  bound  to  pay.  Hanover  v.  Turner  (1817),  14  Mass.  227.  A  notice 
signed  by  individuals  as  selectmen  who  are  in  fact  overseers  of  the  poor  is  sufficient. 
Ashby  v.  Lunenburg  (1829),  8  Pick.  562. 


70 


MANUAL  OF  LAWS. 


[Cn.  81. 


R.  S.  46,  §  14. 
G.  S.  70,  §  13. 
P.  S.  84,  §  15. 
103  Mas3.  117. 
Liability 
when  pauper 
is  removed. 
1821,  94,  §  3. 
R.  S.  46,  §  15. 
G.  S.  70,  §  14. 
1873,  213. 
P.  S.  84,  §  16. 
21  Pick.  349. 
13  Met.  198. 
118  Mass.  506. 
128  Mass.  148. 

Support  and 
burial  of 
indigent 
strangers. 
1701-2,  9,  §  2. 
1788,  61,  §  3. 
1793,  59,  §  13. 
1830,  120,  §  2. 
R.  S.  46, 
§1  16,  32. 
G.  S.  70,  §  15. 
1867,  97. 
1878,  256. 
P.  S.  84,  §  17. 
1887,  310,  §  3. 
1890,  71. 
1898,  354. 


Aid  to  state 
paupers,  when. 
1821,  20. 
1835,  127. 

1855,  445,  §  2. 

1856,  171,  §  2. 

1857,  129. 
1877,  183. 

P.  S.  84,  §  18. 
1886,  101,  §  4. 
1891,  90,  §  1. 


any  future  action  between  the  same  parties  for  his  sup- 
port.1 

SECTION  19.  If  a  pauper  is  supported  in  a  place  in 
which  he  has  no  settlement,  the  place  liable  for  his  support 
shall  not  be  required  to  pay  therefor  more  than  at  the 
rate  of  two  dollars  a  week  if  it  causes  him  to  be  removed 
within  thirty  days  after  receiving  legal  notice  that  such 
support  has  been  furnished.1 

SECTION  20.  The  overseers  of  the  poor  of  each  place 
shall  also  relieve  and  support  and  may  employ  all  poor 
persons  residing  or  found  therein,  having  no  lawful  settle- 
ments within  this  commonwealth,  until  their  removal  to 
the  state  hospital,  and  if  they  die  shall  decently  bury 
them.  They  shall  also  decently  bury  all  deceased  persons 
who,  although  without  means  of  support  while  living  did 
not  apply  for  public  relief,  and  all  unknown  persons 
found  dead.  The  expense  thereof  may  be  recovered  of 
their  kindred,  if  any,  chargeable  by  law  for  their  support 
in  the  manner  hereinbefore  provided;  and  if  the  expense 
of  their  burial  is  not  paid  by  such  kindred,  an  amount 
not  exceeding  fifteen  dollars  for  the  funeral  expenses  of 
each  pauper  over  twelve  years  of  age,  and  not  exceeding 
ten  dollars  for  the  funeral  expenses  of  each  pauper  under 
that  age,  shall  be  paid  by  the  commonwealth. 

SECTION  21.  [Amended  by  1903,  855,  infra.]  A  city  or  town  may 
furnish  aid  to  poor  persons  found  therein,  having  no  lawful  settlements 
within  the  commonwealth,  if  the  overseers  of  the  poor  consider  it  for  the 
public  interest;  but,  except  in  cases  under  the  provisions  of  section  fourteen 
of  chapter  eighty-five,  not  for  a  greater  amount  than  two  dollars  a  week  for 
each  family  during  the  months  of  May  to  September,  inclusive,  or  three 
dollars  a  week  during  the  other  months;  and  the  overseers  shall  in  every 
case  give  immediate  notice  in  writing  to  the  state  board  of  charity,  which 

1  An  agreement  of  parties  by  which  the  plaintiff  claim  is  paid  together  with  costs 
and  a  non-entry  of  writ  is  filed  does  not  constitute  a  "recovery"  within  the  terms  of 
§  18.  Wenham  v.  Essex  (1869),  103  Mass.  117.  In  computing  time  from  the  date, 
or  day  of  the  date,  or  from  a  certain  act  or  event,  the  day  of  the  date  is  excluded. 
Seekonk  \.  Rehoboth  (1851),  8  Cush.  371.  Hence,  in  the  application  of  §  19,  the  day 
on  which  legal  notice  is  received  is  excluded.  See  also  Bemis  v.  Leonard  (1875), 
118  Mass.  502.  The  provisions  of  §  19  are  to  be  construed  strictly.  Thus  the  re- 
moval, within  thirty  days  after  notice,  of  a  dead  pauper's  corpse  does  not  constitute 
a  removal,  and  the  relieving  town  is  consequently  not  limited  to  the  recovery  named 
in  the  section.  Webster  v.  Uxbridge  (1847),  13  Met.  198. 


CH.SI.J  SUPPORT  OF  PAUPERS.  71 

shall  examine  the  case  and  if  it  directs  a  discontinuance  of  such  aid,  shall  1898,  425,  §  5; 
remove  such  persons  to  the  state  hospital  or  to  any  state  or  place  where       '  * ' 
they  belong,  if  their  necessities  or  the  public  interest  requires  it,  and  the 
superintendent  of  said  hospital  shall  receive  the  persons  removed  thereto 
as  if  they  were  sent  there  in  accordance  with  the  provisions  of  section  seven 
of  chapter  eighty-five.     A  detailed  statement  of  expenses  so  incurred  shall 
be  rendered,  and  after  approval  by  the  state  board,  such  expenses  shall  be 
paid  by  the  commonwealth. l 

[1903,  355.] 

AN    ACT    RELATIVE    TO    THE    REMOVAL    OF    STATE     PAUPERS    TO     THE    STATE 
HOSPITAL    OR    OTHER    STATE    INSTITUTIONS. 

[Amended  by  1912,  831,  infra.} 

SECTION  1.  Section  twenty-one  of  chapter  eighty-one  of  the  Revised  R-  ^  ?*i  §  ^1, 
Laws  is  hereby  amended  by  adding  at  the  end  thereof  the  following :  — 
If  any  such  person  refuses  to  submit  to  removal  the  state  board  of  charity, 
or  any  of  its  officers  or  agents,  may  apply  to  the  district,  municipal  or  police 
court  of  the  district  where  such  person  resides,  or  to  any  trial  justice,  for 
an  order  directing  that  such  removal  be  made.  Upon  such  application  the 
court  or  magistrate  shall  forthwith  cause  a  summons  to  be  served  upon 
the  person  so  refusing,  and,  if  he  be  a  minor,  upon  his  parent  or  guardian, 
requiring  the  attendance  of  the  person  so  summoned  at  a  time  and  place 
appointed  therein  for  hearing;  and  at  such  time  and  place  shall  hear  and 
examine  upon  oath  such  person  or  persons,  and  shall  hear  such  other  evi- 
dence as  may  be  material.  If  upon  hearing  it  appears  that  the  person 
sought  to  be  removed  is  without  a  legal  settlement  in  this  commonwealth 
'and  is  unable  to  support  himself,  and  that  his  necessities  or  the  public 
interests  require  his  removal,  the  court  or  magistrate  shall  issue  an  order 
in  writing,  directed  to  a  duly  constituted  officer  or  agent  of  the  state  board 
of  charity,  reciting  that  such  person  appears  to  be  a  state  pauper,  and 
that  his  necessities  or  the  public  interests  require  his  removal,  and  com- 
manding such  officer  or  agent  to  remove  him  to  the  state  hospital  or  to 
any  other  state  institution  designated  by  the  state  board  of  charity,  and 
such  officer  or  agent  shall  thereupon  make  the  removal  as  ordered.  After 
the  removal  is  made  such  officer  or  agent  shall  file  such  order,  with  his 
return  thereon,  with  the  clerk  of  the  court  from  which  it  was  issued,  or  if 
issued  by  a  trial  justice  it  shall  be  filed  with  him.  In  every  case  where 
removal  is  ordered  a  detailed  statement  of  the  expense  incurred  by  any 
city  or  town  for  the  support  of  the  person  so  removed  while  application 
for  his  removal  was  pending  before  the  court,  shall  be  rendered,  and  after 
approval  by  the  state  board  shall  be  paid  by  the  commonwealth,  —  so  as 

1  If  the  family  of  an  unsettled  person  suffering  from  contagious  disease  dangerous 
to  the  public  health,  but  not  quarantined,  is  aided  for  the  reason  that  such  family  are 
unable  to  maintain  themselves,  and  are,  therefore,  a  charge  to  the  city  or  town  where 
they  are  domiciled,  such  aid  should  be  rendered  by  the  overseers  of  the  poor  under 
the  provisions  of  R.  L.,  c.  81,  §  21,  the  temporary  aid  law,  so  called,  and  subject  to 
the  restrictions  therein  contained.  If  the  board  of  health  of  such  city  or  town  ex- 
pends money  for  the  support  of  the  family  of  a  person  infected  with  a  contagious 
disease,  and  therefore  quarantined  with  his  family,  such  expense  is  incurred  for  the 
preservation  of  the  public  health,  and  cannot  be  recovered  either  from  the  city  or 
town  where  such  persons  are  settled,  or  from  the  Commonwealth  if  such  persons  have 
no  settlement.  3  Op.  A.  G.,  137. 


72  MANUAL  OF  LAWS.  [CH.  si. 

Cities  and  to  read  as  follows :  —  Section  21 .     A  city  or  town  may  furnish  aid  to  poor 

furSslfaid  to  persons  found  therein,  having  no  lawful  settlements  within  the  common- 
certain  state  wealth,  if  the  overseers  of  the  poor  consider  it  for  the  public  interest;  but, 
paupers,  e  c.  except  in  cases  under  the  provisions  of  section  fourteen  of  chapter  eighty- 
five,  not  for  a  greater  amount  than  two  dollars  a  week  for  each  family 
during  the  months  of  May  to  September,  inclusive,  or  three  dollars  a  week 
Removal  to  during  the  other  months;  and  the  overseers  shall  in  every  case  give  im- 
mediate notice  in  writing  to  the  state  board  of  charity,  which  shall  examine 
the  case  and  if  it  directs  a  discontinuance  of  such  aid,  shall  remove  such 
persons  to  the  state  hospital  or  to  any  state  or  place  where  they  belong, 
if  their  necessities  or  the  public  interest  requires  it,  and  the  superintendent 
of  said  hospital  shall  receive  the  persons  removed  thereto  as  if  they  were 
sent  there  in  accordance  with  the  provisions  of  section  seven  of  chapter 
eighty-five.  A  detailed  statement  of  expenses  so  incurred  shall  be  rendered, 
and  after  approval  by  the  state  board,  such  expenses  shall  be  paid  by  the 
commonwealth.  If  any  such  person  refuses  to  submit  to  removal  the 
state  board  of  charity,  or  any  of  its  officers  or  agents,  may  apply  to  the 
district,  municipal  or  police  court  of  the  district  where  such  person  resides, 
or  to  any  trial  justice,  for  an  order  directing  that  such  removal  be  made. 
Upon  such  application  the  court  or  magistrate  shall  forthwith  cause  a 
summons  to  be  served  upon  the  person  so  refusing,  and,  if  he  be  a  minor, 
upon  his  parent  or  guardian,  requiring  the  attendance  of  the  person  so 
summoned  at  a  time  and  place  appointed  therein  for  hearing;  and  at  such 
time  and  place  shall  hear  and  examine  upon  oath  such  person  or  persons, 
and  shall  hear  such  other  evidence  as  may  be  material.  If  upon  hearing 
it  appears  that  the  person  sought  to  be  removed  is  without  a  legal  settle- 
ment in  this  commonwealth  aad  is  unable  to  support  himself,  and  that  his 
necessities  or  the  public  interests  require  his  removal,  the  court  or  magis- 
trate shall  issue  an  order  in  writing,  directed  to  a  duly  constituted  officer 
or  agent  of  the  state  board  of  charity,  reciting  that  such  person  appears 
to  be  a  state  pauper,  and  that  his  necessities  or  the  public  interests  require 
his  removal,  and  commanding  such  officer  or  agent  to  remove  him  to  the 
state  hospital  or  to  any  other  state  institution  designated  by  the  state 
board  of  charity,  and  such  officer  01  agent  shall  thereupon  make  the  removal 
as  ordered.  After  the  removal  is  made  such  officer  or  agent  shall  file  such 
order  with  his  return  thereon,  with  the  clerk  of  the  court  from  which  it  was 
issued,  or  if  issued  by  a  trial  justice  it  shall  be  filed  with  him.  In  every  case 
where  removal  is  ordered  a  detailed  statement  of  the  expense  incurred  by 
any  city  or  town  for  the  support  of  the  person  so  removed  while  application 
for  his  removal  was  pending  before  the  court,  shall  be  rendered,  and  after 
approval  by  the  state  board  shall  be  paid  by  the  commonwealth. 

SECTION  2.  This  act  shall  take  effect  on  the  first  day  of  July  in  the 
year  nineteen  hundred  and  three.  [Approved  May  15,  1903. 

[1912,  331.] 

AN  ACT  RELATIVE  TO  REIMBURSING  CITIES  AND  TOWNS  FOR 
AID   RENDERED   TO   PERSONS  WITHOUT   SETTLEMENT. 

SECTION  1.  Section  twenty-one  of  chapter  eighty-one 
of  the  Revised  Laws,  as  amended  by  chapter  three  hun- 
dred and  fifty-five  of  the  acts  of  the  year  nineteen  hundred 


CH.SI.]  SUPPORT  OF  PAUPERS.  73 

and  three,  is  hereby  further  amended  by  inserting  after 
the  word  "months",  in  the  ninth  line,  the  words:  — 
except  as  otherwise  ordered  by  the  state  board  of  charity, 
—  so  as  to  read  as  follows :  • —  Section  21 .  A  city  or.  town 
may  furnish  aid  to  poor  persons  found  therein,  having  no 
lawful  settlements  within  the  commonwealth,  if  the  over- 
seers of  the  poor  consider  it  for  the  public  interest;  but, 
except  in  cases  under  the  provisions  of  section  fourteen  of 
chapter  eighty-five,  not  for  a  greater  amount  than  two 
dollars  a  week  for  each  family  during  the  months  of  May 
to  September,  inclusive,  or  three  dollars  a  week  during  the 
other  months,  except  as  otherwise  ordered  by  the  state 
board  of  charity;  and  the  overseers  shall  in  every  case  give 
immediate  notice  in  writing  to  the  state  board  of  charity, 
which  shall  examine  the  case  and  if  it  directs  a  discon- 
tinuance of  such  aid,  shall  remove  such  persons  to  the 
state  hospital  or  to  any  state  or  place  where  they  belong, 
if  their  necessities  or  the  public  interest  requires  it,  and 
the  superintendent  of  said  hospital  shall  receive  the  per- 
sons removed  thereto  as  if  they  were  sent  there  in  accord- 
ance with  the  provisions  of  section  seven  of  chapter 
eighty-five.  A  detailed  statement  of  expenses  so  incurred 
shall  be  rendered,  and  after  approval  by  the  state  board, 
such  expenses  shall  be  paid  by  the  commonwealth.  If  any 
such  person  refuses  to  submit  to  removal  the  state  board 
of  charity,  or  any  of  its  officers  or  agents,  may  apply  to 
the  district,  municipal  or  police  court  of  the  district  where 
such  person  resides,  or  to  any  trial  justice,  for  an  order 
directing  that  such  removal  be  made.  Upon  such  applica- 
tion the  court  or  magistrate  shall  forthwith  cause  a  sum- 
mons to  be  served  upon  the  person  so  refusing,  and,  if  he 
be  a  minor,  upon  his  parent  or  guardian,  requiring  the 
attendance  of  the  person  so  summoned  at  a  time  and  place 
appointed  therein  for  hearing;  and  at  such  time  and  place 
shall  hear  and  examine  upon  oath  such  person  or  persons, 
and  shall  hear  such  other  evidence  as  may  be  material. 
If  upon  hearing  it  appears  that  the  person  sought  to  be 


74  MANUAL  OF  LAWS.  [CH.SI. 

removed  is  without  a  legal  settlement  in  this  common- 
wealth and  is  unable  to  support  himself,  and  that  his 
necessities  or  the  public  interests  require  his  removal,  the 
court  or  magistrate  shall  issue  an  order  in  writing,  directed 
to  a  duly  constituted  officer  or  agent  of  the  state  board  of 
charity,  reciting  that  such  person  appears  to  be  a  state 
pauper,  and  that  his  necessities  or  the  public  interests 
require  his  removal,  and  commanding  such  officer  or  agent 
to  remove  him  to  the  state  hospital  or  to  any  other  state 
institution  designated  by  the  state  board  of  charity,  and 
such  officer  or  agent  shall  thereupon  make  the  removal  as 
ordered.  After  the  removal  is  made  such  officer  or  agent 
shall  file  such  order,  with  his  return  thereon,  with  the 
clerk  of  the  court  from  which  it  was  issued,  or  if  issued  by 
a  trial  justice  it  shall  be  filed  writh  him.  In  every  case 
where  removal  is  ordered  a  detailed  statement  of  the  ex- 
pense incurred  by  any  city  or  town  for  the  support  of  the 
person  so  removed  while  application  for  his  removal  was 
pending  before  the  court,  shall  be  rendered,  and  after  ap- 
proval by  the  state  board  shall  be  paid  by  the  common- 
wealth. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  28,  1912. 

For  further  provision  as  to  what  may  be  included  in  the  reim- 
bursement, see  1909,  292,  p.  86,  infra.  For  statute  making  lepers 
State  charges,  see  1909,  250,  p.  253,  infra. 

wo?k!nrreuirn  SECTION  22.  [Superseded  in  part  by  1905,  344,  infra.] 
iodgfh^and  The  overseers  of  the  poor  and  the  officer  in  charge  of 
p.7!'.  8°'  §  19  premises  provided  by  a  city  or  town  for  the  purpose  of 

1895,  445,  §1.  1     •          4?       J  1    J    •  -J 

supplying  food  or  lodging  on  said  premises  may  require 
any  person  applying  for  and  receiving  food  or  lodging  to 
perform  a  reasonable  amount  of  labor  in  return  therefor, 
and  may  detain  him  for  not  more  than  twenty-four  hours 
after  the  time  of  such  application  until  the  labor  required 
of  him  as  aforesaid  has  been  performed. 


CH.81.]  SUPPORT  OF  PAUPERS.  75 


[1905,  344.] 

AN     ACT     RELATIVE     TO     THE     LODGING     OF     TRAMPS     AND 
VAGRANTS   BY   CITIES   AND   TOWNS. 

Cities  and  towns  which  provide  lodging  for  tramps  and  £raTr?ormtc 
vagrants  shall  require  them,  if  physically  able,  to  perform  lodgL^etc., 
labor  of  some  kind  in  return  for  the  lodging  and  food  casesfetT. 
furnished  to  them;    and  the  places  in  which  such  persons 
are  lodged  shall  be  kept  in  such  order  and  condition  as 
may  be  prescribed  by  the  state  board  of  health.     [Ap- 
proved April  26,  1905. 


SECTION  23.    A  person  who  receives  aid  in  an  almshouse  Paupers  to 
or  workhouse  of  a  city  or  town  may  be  required  by  the  Timshouse. 

1895   445   §  2. 

officer  in  charge  thereof  to  perform   such   labor  as  the  ise  kaas".  342. 
official   physician   shall  certify   to   be   suited   to   his   age, 
strength  and  capacity. 

See  also  1905,  344,  supra. 

SECTION  24.    Whoever  refuses  or  neglects  to  perform  any  Penalty  for 

11  i       f  i  .  i  i  ..  f     i  refusal  to 

labor  required  01  him  under  the  provisions  or  the  two  pre-  work. 

.  .  1895,  445,  §  3. 

ceding  sections,  or  while  performing  such  labor  wilfully  1898- 443-  § 1 
damages  any  property  of  the  city  or  town  requiring  the 
same,  shall  be  punished,  in  the  county  of  Suffolk,  by  im- 
prisonment in  the  house  of  correction  for  not  more  than 
one  year,  and  in  other  counties,  in  the  house  of  correction 
for  a  like  term,  or  at  the  state  farm. 

SECTION  25.     A  city  or  town  may  erect,  establish  and  Towns  may 

BstablisD. 

maintain  a  hospital  for  the  reception  of  persons  who  by  ^Tigl3' 
misfortune    or    poverty    require    relief    during    temporary  p-  s- 84>  §  20 
sickness.     City  councils  and  selectmen  may   make  such 
ordinances,   rules  and  regulations   as  they  may  consider 
expedient  for  the  appointment  of  trustees  and  all  other 
officers  and  agents  necessary  for  managing  such  hospital. 

For  hospital  records,  see  1905,  330,  as  amended  by  1908,  269. 


76 


MANUAL  OF  LAWS. 


[On.  81. 


What  children 
placed  with 
infant  asylums. 
1867,  230,  §  3. 
P.  S.  84,  §  21. 
1883,  232,  §  1. 
1886,  101.  §  4. 


Institutions  to 
comply  with 
certain  laws. 
1870,  92,  §  1. 
P.  S.  84,  §  22. 


—  may  place 
out  abandoned 
children,  when. 
1870,  92,  §  3. 
P.  S.  84,  §  23. 


SECTION  26.  The  overseers  of  the  poor  of  a  city  or 
town  and  the  superintendent  and  board  of  trustees  of  the 
state  hospital  may  place  deserted  and  destitute  infants  in 
the  care  of  the  Massachusetts  Infant  Asylum  or  St. 
Mary's  Infant  Asylum,  and  such  amount  as  may  be 
agreed  upon  shall  be  paid  for  the  temporary  support  of 
such  infants;  but  such  overseers  and  the  state  board  of 
charity  shall  use  all  reasonable  care  to  collect  the  cost 
of  such  temporary  support  from  parties  justly  chargeable 
with  the  same,  and  to  remove  infants  which  were  not 
born  in  this  commonwealth  or  have  no  settlement  therein. 

SECTION  27.  An  incorporated  charitable  institution  to 
which  the  custody  of  an  infant  less  than  four  years  of  age 
has  been  delegated  by  state,  city  or  town  officers  charged 
with  the  custody  of  destitute  children  shall  comply  with 
all  the  provisions  of  law,  and  be  subject  to  all  the  restric- 
tions concerning  such  infant,  applicable  to  such  officers. 

SECTION  28.  If  an  infant  lawfully  in  the  custody  of  a 
charitable  institution  as  aforesaid  has  been  wilfully 
deserted  and  abandoned  for  more  than  four  months  by  its 
parents  or  natural  guardians,  the  officers  of  such  institu- 
tion may  procure  any  suitable  person  in  this  commonwealth 
to  take  and  support  such  child  for  such  time  as  may  be 
specified  in  a  wrritten  agreement  made  for  that  purpose, 
not  exceeding  the  time  when  the  child  shall  be  fourteen 
years  old.  The  form  and  conditions  of  such  agreement 
shall  be  prescribed  by  the  state  board  of  charity,  and  the 
agreement,  writh  a  descriptive  list  of  the  origin,  name,  age 
and  person  of  the  infant,  so  far  as  known,  and  the  name, 
residence  .and  recommendations  of  the  person  taking  the 
child,  shall  be  returned  to  the  state  board  in  such  form  as 
it  may  prescribe.  All  such  children  shall  be  subject  to  the 
visitation  and  control  provided  by  law  for  children  put 
out  or  apprenticed  from  state  institutions;  but  nothing 
herein  contained  shall  diminish  the  legal  rights  of  parents, 
guardians  and  next  of  kin. 


CH.81.]  SUPPORT  OF  PAUPERS.  77 

SECTION  29.     Overseers  of  the  poor  shall  not  remove,  Judge  of 

probate  to 

nor  allow  the  removal   of,   a   minor  under  their  control  authorize 

removal  of 

beyond    the    limits    of    the    commonwealth    without    the  matersfrom 
approval  of  the  judge  of  probate,  granted  upon  applica-  \ff'jn> 
tion  and  after  notice  to  all  parties  interested  and  a  hearing  f§'  24,^5. 
unless  such  minor  has  a  settlement  in  another  state.    Nor 
shall  they  withhold  information  relative  to  the  mainte- 
nance of  such  minor  from  any  person  entitled  to  receive 
the  same.    Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars. 

SECTION  30.    A  person  who  has  actuallv  become  charge-  Pauper  may 

be  removed 

able  as  a  pauper  to  a  city  or  town  in  which  he  has  a  out  of  state, 

when. 

settlement  and  who   subsequently   acquires   a   settlement  },86|  f|8'§526' 
in  a  place  out  of  this  commonwealth,  may  be  removed 
thereto  by  the  overseers  of  the  poor  of  such  city  or  town 
by  a  written  order  directed  to  any  person  therein  desig- 
nated. 

SECTION  31.    Every  city  and  town  shall  be  liable  for  any  Towns  liable  to 

"     individuals. 

expense  necessarily  incurred  for  the  relief  of  a  pauper  |?g3~35'918§  is4' 
therein  by  any  person  who  is  not  liable  by  law  for  his  §;  f ;  ^  |  \l' 
support,  after  notice  and  request  made  to  one  or  more  of  the  F'ifass4^!?27' 
overseers  thereof,  and  until  provision  is  made  by  them.1 

19  Pick.  473.  10  Gush.  3.  116  Mass.  353. 

7  Met.  214.  9  Allen,  134.  124  Mass.  286. 

4  Gush.  199.  105  Mass.  533.  145  Mass.  115. 

6  Gush.  399.  113  Mass.  47. 

SECTION  32.    The  overseers  of  a  place  to  which  a  person  Pauper  may 

be  removed 

has  actually  become  chargeable  may  give  written  notice  settlement 
thereof  to,  and  request  his  removal  by,  one  or  more  of  the  §§9i65i2 

R.  S.'  46,'  §  19. 

1  Under  §  31  it  is  necessary  that  a  person  rendering  aid  shall  have  given  notice 
within  the  terms  of  the  section.  Thus  actual  notice  on  the  part  of  the  overseers  is 
not  sufficient.  Walker  v.  Southbridge  (1849),  4  Gush.  199.  And  it  must  be  an  un- 
equivocal claim  upon  the  town,  calling  upon  them  to  assume  the  burden.  O'Keefe 
v.  Northampton  (1878),  124  Mass.  115;  Williams  v.  Braintree  (1850),  6  Gush.  399. 
The  term  "therein"  is  to  be  strictly  construed.  Hawes  v.  Hanson  (1864),  9  Allen, 
134.  Expenses  are  not  incurred  "  necessarily  "•  within  the  provisions  of  this  section 
where  they  constitute  the  rental  of  a  tenement  from  which  the  pauper  was  able  to 
be  removed  to  the  town  almshouse.  Rawson  v.  Uxbridge  (1873),  113  Mass.  47.  Nor 
where  they  are  made  with  knowledge  that  other  adequate  relief  has  been  provided  by 
the  town.  Phelps  v.  Westford  (1878),  124  Mass.  286. 


78 


MANUAL  OF  LAWS. 


[Cn.  81. 


G.  S.  70,  §  17. 
P.  S.  84,  §  28. 
1  Pick.  470. 
23  Pick.  156. 
4  Met.  433. 
13  Met.  199. 


Process  in  case 
of  removal. 
176&-7,  17,  §  7. 
1793,  59,  §  12. 
R.  S.  46,  §  20. 
G.  S.  70,  §  18. 
P.  S.  84,  §  29. 
1891,  90,  §  2. 
1  Mass.  517. 
1  Pick.  470. 
23  Pick.  156. 
9  Allen,  91. 
103  Mass.  117. 
117  Mass.  445. 
124  Mass.  117. 
131  Mass.  10. 
145  Mass.  535. 


overseers  of  the  place  where  his  settlement  is  supposed  to 
be,  who  may,  by  an  order  in  writing,  directed  to  a  person 
therein  designated,  cause  such  removal  to  be  made.1 


5  Allen,  545. 
103  Mass.  117. 
124  Mass.  117. 


138  Mass.  256. 
152  Mass.  484. 


167  Mass.  579. 
186  Mass.  524. 


SECTION  33.  If,  within  one  month  after  receiving  such 
notice,  the  overseers  of  the  latter  place  do  not  cause  such 
removal  to  be  made  or  a  statement  in  writing  signed  by 
one  or  more  of  them  of  their  objections  to  the  removal  to 
be  transmitted  to  the  overseers  requesting  such  removal, 
the  overseers  who  requested  the  removal  may,  by  a 
written  order  directed  to  a  person  therein  designated, 
cause  the  pauper  to  be  removed  to  the  place  of  his  sup- 
posed settlement;  and  the  overseers  thereof  shall  receive 
and  provide  for  him;  and  such  place  shall  be  liable  in  an 
action  to  the  place  incurring  the  same  for  the  expenses  of 
his  support  and  removal,  and  shall  be  barred  from  con- 
testing the  question  of  settlement  in  such  action  unless  the 
settlement  is  denied  in  said  statement.2 

For  further  provisions  as  to  what  may  be  included  in  the  lia- 
bility, see  1909,  292,  p.  86,  infra. 

1  The  notice  provided  in  §  32  is  defective  if  it  contains  a  material  error  in  the 
name  of  the  pauper.  Boston  v.  Acton  (1897),  167  Mass.  579;  Or  a  mistake  as  to  the 
number  of  children  in  the  pauper's  family.  Carver  v.  Taunton  (1891),  152  Mass.  486; 
see  also,  Granville  v.  Southampton  (1884),  138  Mass.  256.  But  not  so  in  case  the  town 
notified  waives  the  defect  by  replying  without  objection  to  the  form  of  the  notice. 
Brookfield  v.  N.  Brookfield  (1905),  186  Mass.  524;  Northfield  v.  Taunton  (1842),  4 
Met.  433.  Neither  is  a  town  barred  from  showing  settlement  of  a  pauper  gained 
by  certain  means  though  in  their  notice  to  the  defendant  town  they  in  good  faith 
indicated  other  means  as  the  basis  for  the  settlement.  Idem.  A  defective  notice 
may  be  cured  by  subsequent  correction  in  writing  which  refers  to  the  first  communica- 
tion. Shelburne  v.  Rochester  (1823),  1  Pick.  470.  The  reply  to  a  valid  notice  must 
be  signed  by  some  one  of  the  overseers  to  be  effective;  if  not,  it  is  more  than  defective, 
since  it  is  not  made  by  the  proper  person  in  authority.  Consequently  it  cannot  be 
cured  by  estoppel.  Petersham  v.  Colrain  (1864),  9  Allen,  91.  Where  notice  is  sent 
by  the  relieving  town  and  is  replied  to  within  the  requirements  of  this  section,  the 
town  sought  to  be  charged  is  not  estopped  from  controverting  settlement  by  its  failure 
to  reply  to  a  second  notice  involving  the  same  subject  matter  sent  by  the  relieving 
towns  within  two  years  after  the  first  notice.  Mashpee  v.  Edgartown  (1839),  23  Pick. 
156.  Though  failure  to  reply  to  proper  notice  estops  the  town  sought  to  be  charged 
from  denying  the  fact  of  settlement,  such  estoppel  does  not  extend  to  proof  that  the 
person  aided  was  not  in  need  of  immediate  relief.  New  Bedford  v.  Hingham  (1875) 
117  Mass.  445. 

*  Under  §  33  recovery  may  be  had  for  expenses  of  burial  of  a  pauper  as  well  as 
for  support  and  removal.  Topsham  v.  Harpswell  (1805),  1  Mass.  517. 


CH.SI.]  SUPPORT  OF  PAUPERS.  79 

SECTION  34.     The  notice  and  statement  mentioned  in  Notices,  etc., 

sent  by  mail; 

the  two  preceding  sections  may  be  sent  by  mail;    and  if  ^2e8ct-142  §1 
directed  to  the  overseers  of  the  poor  of  the  place  intended  §•  f  •  ^  |  ^; 
to  be  notified  or  answered,  postage  prepaid,   shall  be  a  f6-  ff^;  \ ^ 
sufficient  notice   or   answer,   and   shall   be  considered   as 
delivered  to  the  overseers  to  whom  it  is  directed  at  the 
time  when  it  is  received  in  the  post  office  of  the  place  to 
which  it  is  directed  and  in  which  they  reside. 

SECTION  35.    Whoever  brings  into  and  leaves  a  poor  and  ^^f  f°r 
indigent    person    in    any    place    in    this    commonwealth,  no"setti^dhere 
wherein  such  person  is  not  lawfully  settled,  knowing  him  ^l;  59;  f  1'5. 
to  be  poor  and  indigent,  and  with  intent  to  charge  such  1849/66.' 
place  with  his  relief  or  support,  shall  forfeit  not  more  than  P.' s.' 84,' §31.' 

16  Mass.  393. 

one  hundred  dollars  for  each  offence,  to  the  use  of  such 

Dlace  l  1  Pick.  465.  102  Mass.  216.  199  Mass.  527. 

21  Pick.  83.  105  Mass.  336. 

SECTION  36.     Whoever  knowingly  and  wilfully  makes  —for  false 

representations. 

any  false  representations  in  writing  to  the  overseers  of  the  ||jji.  3«.    ^ 
poor,  to  their  agent  or  to  the  state  board  of  charity  or  its  199  Mass- 527- 
agents,  for  the  purpose  of  causing  any  person  to  be  sup- 
ported in  whole  or  in  part  as  a  pauper  by  a  city  or  town  or 
by  the  commonwealth,  shall  be  punished  by  a  fine  of  not 
more  than  two  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  year. 
SECTION  37.    Upon  the  death  of  a  pauper  wrho  at  his  Estate  of 

deceased 

decease  is  actually  chargeable  to  a  place  writhin  this  com-  ^'om'so'id 
monwealth,  the  overseers  of  the  poor  thereof  may  take  {337;  5f6>  §  6- 
possession  of  all  his  real  and  personal  property;   and  if  of  I.  TO',  §  21. 
administration  is  not  taken  upon  his  estate  within  thirty  e  pick.  462. 

.  ii  i    160  Mass.  503. 

days  alter  his  decease,  they  may  in  their  own  names  sell  and  196  Mass.  63. 

199  -Mass.  5J7. 

convey  so  much  thereof  as  may  be  necessary  to  reimburse  3  °P-  A- G- 132- 

1  In  a  prosecution  under  §  35,  evidence  that  a  pauper  was  receiving  aid  as  such 
from  the  Commonwealth  at  the  time  of  his  removal  into  the  plaintiff  town  is  not 
competent  to  prove  that  he  did  not  have  a  settlement  in  that  town.  Franklin  v. 
Fuller  (1870),  105  Mass.  336.  A  constable  acting  under  orders  from  the  overseers 
of  the  poor  which  state  that  the  pauper  is  settled  in  the  place  to  which  he  removes 
him  and  that  he  is  actually  on  the  expense  of  their  town  is  not  chargeable  under  §  35, 
even  though  the  order  does  not  on  its  face  state  that  the  requirements  of  the  statute 
have  been  complied  with.  Sturbridge  v.  Window  (1838),  21  Pick.  83. 


80 


MANUAL  OF  LAWS. 


[Cn.  81. 


Overseers  may 
prosecute. 
1793,  59,  §  14. 
R.  8.  46,  §  26. 
G.  S.  70,  §  22. 
1863,  240,  §  2. 
P.  S.  84,  §  33. 
199  Mass.  527. 


—  to  keep 
records  of 
paupers. 
1867,  209,  §  1. 
P.  S.  84,  §  34. 
1901,  177. 


—  to  make 
annual  return. 
1837,  194,  §  1. 
1841,  116,  §  1. 
1844,  146. 
1864,  307,  §  6. 
1867,  209,  §  2. 


the  expenses  incurred  for  the  pauper.  If  any  part  of  such 
property  is  withheld  from  said  overseers,  they  may  in  their 
own  names  sue  for  and  recover  possession  of  the  real 
property,  and  shall  have  the  same  remedy  for  the  recovery 
of  the  personal  property  or  its  value  as  an  administrator 
might  have  in  like  case. 

SECTION  38.  In  all  actions  and  prosecutions  founded  on 
the  provisions  of  the  preceding  sections,  the  overseers  of 
the  poor  of  any  place  or  any  person  appointed  by  a 
writing  under  their  hands  shall  appear  and  prosecute  or 
defend  the  same  in  behalf  of  such  place.1 

SECTION  39.  Overseers  of  the  poor  shall  keep  full  and 
accurate  records,  in  a  form  prescribed  by  the  state  board 
of  charity,  of  the  paupers  fully  supported,  the  persons 
relieved  and  partially  supported,  and  the  travellers  and 
vagrants  lodged  at  the  expense  of  their  cities  and  towns 
and  of  the  amount  paid  for  such  support  and  relief. 

For  act  prohibiting  the  publication  of  names  of  paupers  in  re- 
ports, see  Acts  1910,  412,  p.  86,  post. 

SECTION  40.  They  shall  annually,  in  April,  for  the  year 
ending  on  the  last  day  of  March,  return  to  the  state  board 
of  charity  the  number  of  such  persons  supported  and 
relieved,  the  cost  thereof,  and  a  record  of  those  fully 
supported.  1375, 215.  P.  s.  84,  §  35.  isse,  101,  §  4. 

For  the  duties  of  the  State  Board  of  Charity  with  reference  to 
these  returns,  see  R.  L.,  c.  84,  §  4,  as  amended  by  1909,  208,  p.  130, 
infra. 


—  to  make 
decennial 
returns. 
1837,  194,  §  1. 
1848,  247,  §  1. 
G.  S.  70,  §  23. 
1875,  216. 
P.  S.  84,  §  36. 


SECTION  41.  [Revised  by  1905,  115,  infra.]  In  the  year  nineteen  hun- 
dred and  five  and  in  every  tenth  year  thereafter  the  return  of  the  over- 
seers of  the  poor  shall  contain  true  and  correct  answers  to  the  following 
inquiries :  — 

How  many  persons  have  been  relieved  or  supported  by  your  town  during 
the  year  ending  September  30?  Of  those,  how  many  have  a  legal  settle- 
ment in  your  town?  How  many  are  foreign  born  and  of  what  nationalities 


1  The  term  "prosecute"  in  §  38  includes  the  bringing  as  well  as  the  carrying  on 
of  such  an  action.     Great  Harrington  v.  Gibbons  (1908),  199  Mass.  527. 


CH.SI.]  SUPPORT  OF   PAUPERS.  81 

are  they?  How  many  state  paupers  have  you  sent  to  the  state  hospital? 
How  many  of  the  poor  assisted  in  your  town  or  sent  to  the  state  hospital 
were  foreigners?  How  many  of  your  insane  do  you  support  in  state  insane 
hospitals?  How  manv  of  your  idiotic  poor  are  in  the  Massachusetts  School 
for  the  Feeble-Minded?  Have  you  an  almshouse?  How  many  acres  of 
land  are  attached  to  your  almshouse?  What  is  the  estimated  present 
value  of  your  almshouse  establishment?  Real  estate?  Personal?  How 
many  persons  have  been  supported  in  your  almshouse  during  the  whole 
or  any  part  of  the  year?  What  is  the  average  number  supported  in  the 
almshouse?  What  is  the  average  weekly  cost  of  supporting  each  pauper 
in  the  almshouse?  How  many  inmates  of  your  almshouse  have  been  unable 
to  perform  any  kind  or  amount  of  labor?  What  is  the  estimated  value  of 
all  the  labor  performed  by  the  poor  in  your  almshouse?  How  many  persons, 
including  their  families,  have  you  supported  outside  of  the  almshouse 
during  the  whole  or  a  portion  of  the  year?  What  is  the  average  weekly 
cost  of  supporting  each  pauper  outside  of  the  almshouse?  How  many 
have  you  aided  outside  of  the  almshouse?  How  many  have  you  supported 
or  relieved  who  were  insane?  How  many  who  were  idiots?  How  many 
persons,  relieved  or  supported  during  the  year  in  your  town,  have  become 
dependent  by  reason  of  insanity  or  idiocy?  How  ntany  of  your  poor,  sup- 
ported at  the  public  charge,  have  been  made  dependent  by  their  own  in- 
temperance? How  many  by  the  intemperance  of  those  who  ought  to  have 
been  their  supporters?  What  is  the  total  net  amount  of  expense  of  sup- 
porting or  relieving  the  poor  in  your  town  during  the  year,  including  interest 
on  your  almshouse  establishment?  How  many  are  supported  in  your 
almshouse  at  the  present  time?  How  many  are  supported  outside  of  the 
almshouse  at  the  present  time?  How  many  are  assisted  outside  of  the 
almshouse  at  the  present  time? 

They  shall,  at  the  same  time,  make  correct  returns  of  the  name,  age  and 
sex  of  every  child  in  such  city  or  town  under  fourteen  years  of  age  who  ia 
supported  at  the  public  charge. 

[1905,  115.] 

AN  ACT  RELATIVE  TO  DECENNIAL  RETURNS  OF  OVERSEERS 
OF  THE  POOR. 

Section  forty-one  of  chapter  eighty-one  of  the  Revised  ^^ded.5  41r 
Laws  is  hereby  amended  by  striking  out  the  said  section 
and  inserting  in  place  thereof  the  following :  —  Section  J+l .  ^turn^of 
In  the  year  nineteen  hundred  and  five  and  in  every  tenth  ?hTpoor!  °f 
year  thereafter  the  return  of  the  overseers  of  the  poor  shall 
contain    true    and    correct    answers    to    such    additional 
inquiries  as  the  state  board  t)f  charity  may  deem  it  advis- 
able to  make.    [Approved  February  28,  1905. 

For  duties  of  the  State  Board  of  Charity  with  reference  to  these 
returns,  see  R.  L.,  c.  84,  §  4,  as  amended  by  1909,  208,  p.  130,  infra. 


82 


MANUAL  OF  LAWS. 


[CH.  si. 


£ihfreyfor 
o3  s.  70%  24. 
p.  s.  84.  '§37'. 


un.37o.ii. 


§§'151.  153. 

1876,  203,  §  25. 

p.  s.  116,  §  43. 

1894,  317,  §  48. 

1898,  425,  §  e. 


SECTION  42.  If  the  overseers  of  the  poor  of  a  city  or 
town  refuse  or  neglect  to  comply  with  the  requirements  of 
the  three  preceding  sections,  such  city  or  town  shall  forfeit 
one  dollar  for  each  day's  neglect,  and  the  amount  of  such 
forfeiture  shall  be  deducted  from  any  amount  to  which 
said  city  or  town  may  be  entitled  in  reimbursement  for  relief 
of  state  paupers  as  provided  in  sections  fifteen  and  sixteen 
of  chapter  eighty-five;  and  if  no  such  reimbursement  shall 
be  due  to  said  city  or  town,  the  forfeiture  shall  be  de- 
ducted from  any  money  which  may  be  due  to  it  from  the 
commonwealth. 

SECTION  43.  Overseers  of  the  poor  shall  make  and  for- 
ward  returns,  on  'or  before  the  tenth  day  of  January  and 
July  in  each  year/  to  the  state  board  of  charity  relative  to 
all  minor  children  over  the  age  of  four  years  who  are  sup- 
ported at  the  expense  of  such  city  or  town  in  an  almshouse 
or  elsewhere  on  the  first  day  of  said  months.  Said  returns 
shall  be  made  in  such  form  and  shall  contain  such  infor- 
mation relative  to  said  minor  children  as  may  be  pre- 
scribed by  the  state  board. 

SECTION  44.  A  treasurer  of  a  savings  bank,  institution 
f°r  savings,  benefit  association,  insurance  company  or  safe 
deposit  company  who,  upon  request  in  writing  signed  by 

ft*  i>  •  t  t 

an  overseer  or  the  poor  ot  a  citv  or  town,  unreasonably 

.  / 

refuses  to  inform  him  of  the  amount  deposited  in  the  cor- 
poration or  association  to  the  credit  of  a  person  named  in 
such  request  who  is  a  charge  upon  such  city  or  town  as  a 
pauper,  or  who  wilfully  renders  false  information  in  reply 
to  such  request,  shall  forfeit  for  each  offence  fifty  dollars, 
to  the  use  of  such  citv  or  town. 


ch.si.]  SUPPORT  OF   PAUPERS.  83 

ADDITIONAL   LEGISLATION. 

[1913,  763.] 

AN  ACT  TO   PROVIDE   FOR   SUITABLY  AIDING  MOTHERS  WITH 
DEPENDENT    CHILDREN. 

SECTION  1 .    In  every  city  and  town  the  overseers  of  the  cities  and 
poor  shall,   subject  to  the  provisions  of  the  subsequent  furnish  aid  to 

...  .in  -11  i  i-i      mothers  with 

sections  ot  this  act,  aid  all  mothers  with  dependent  chil-  dependent 

children. 

dren  under  fourteen  years  of  age,  if  such  mothers  are  fit 
to  bring  up  their  children.  The  aid  furnished  shall  be 
sufficient  to  enable  the  mothers  to  bring  up  their  children 
properly  in  their  own  homes;  and  such  mothers  and  their 
children  shall  not  be  deemed  to  be  paupers  by  reason  of 
receiving  aid  as  aforesaid. 
SECTION  2.  Before  aiding  any  mother  under  the  fore-  Duties  of  over- 

.  .  i  •        c  -111  seers  of  the 

going  section,  except  as  hereinafter  provided,  the  overseers  poor, 
of  the  poor  shall  determine  that  the  mother  is  fit  to  bring 
up  her  children  and  that  the  other  members  of  the  house- 
hold and  the  surroundings  of  the  home  are  such  as  to  make 
for  good  character,  and  that  aid  from  the  overseers  is 
necessary  to  enable  her  to  bring  up  her  children  properly, 
by  making  an  immediate  and  careful  inquiry  including  the 
resources  of  the  family  and  the  ability  of  its  other  mem- 
bers, if  any,  to  work  or  otherwise  contribute  to  its  support, 
the  existence  of  relatives  able  to  assist  the  family,  and  of 
individuals,  societies  or  agencies  \vho  may  be  interested 
therein;  shall  take  all  lawful  means  to  compel  all  persons 
bound  to  support  the  mother  and  children  to  support 
them,  and  to  enforce  any  other  legal  rights  for  their 
benefit;  shall  press  all  members  of  the  family  who  are 
able  to  work,  other  than  the  mother  and  her  dependent 
children,  to  secure  work;  shall  try  to  secure  work  for 
them;  and  shall  secure  all  necessary  aid  for  the  mother 
and  children  which  can  be  secured  from  relatives,  organi- 
zations or  individuals.  Nothing  herein  contained  shall  be 
construed  to  prevent  the  overseers  from  giving  prompt 


84  MANUAL  OF  LAWS.  [CH.SI. 

and  suitable  temporary  aid  hereunder,  pending  compli- 
ance with  the  requirements  of  this  section,  when  in  their 
opinion  such  aid  is  necessary  and  cannot  be  obtained  from 
other  sources.  A  detailed  statement  of  expenses  incurred 
under  this  section  shall  be  rendered  to  the  state  board  of 
charity,  together  with  such  certificates  or  other  guarantees 
as  the  said  board  may  require. 

same  subject.  SECTION  3.  The  said  overseers,  either  by  one  of  their 
own  number  or  by  their  duly  appointed  agent,  shall  visit 
at  least  once  in  every  three  months  at  their  homes  or  other 
place  or  places  where  they  may  be  living,  each  mother  and 
her  dependent  children  who  are  being  aided  financially  or 
otherwise  by  said  overseers,  and  after  each  visit  shall  make 
and  keep  on  file  as  a  part  of  their  official  records  a  detailed 
statement  of  the  condition  of  the  home  and  family  and  all 
other  data  which  may  assist  in  determining  the  wisdom  of 
the  measures  taken  and  the  advisability  of  their  continu- 
ance; and  said  overseers  shall  at  least  once  in  each  year 
reconsider  the  case  of  each  mother  with  dependent  chil- 
dren with  whom  they  are  dealing,  and  enter  their  deter- 
mination with  the  reason  therefor  on  their  official  records. 
SECTION  4.  This  act  shall  apply  to  all  mothers  and  their 
dependent  children,  wrhether  or  not  they  or  any  of  them 
may  have  a  settlement  within  the  commonwealth,  who 
shall  have  resided  in  the  commonwealth  not  less  than  three 
years.  No  person  shall  acquire  a  settlement  or  be  in 
process  of  acquiring  a  settlement  while  receiving  aid 
hereunder. 
oard  of  SECTION  5.  The  state  board  of  charity  shall  hereafter 

vfsIonSUePtcr  supervise  the  wrork  done  and  measures  taken  by  the  over- 
seers of  the  poor  of  the  several  cities  and  towns  in  respect 
to  families  in  which  there  is  one  child  or  more  under  the 
age  of  fourteen,  whether  or  not  such  family  or  any  mem- 
ber thereof  has  a  settlement  within  the  commonwealth; 
and  for  this  purpose  may  establish  such  rules  relative  to 
notice  as  they  deem  necessary  and  may  visit  and  inspect 
any  or  all  families  aided  under  this  act,  and  shall  have 


CH.SI.]  SUPPORT  OF   PAUPERS.  85 

access  to  any  records  and  other  data  kept  by  the  overseers 
of  the  poor  or  their  representatives  relating  to  such  aid; 
and  said  board  shall,  in  its  annual  report  to  the  legislature, 
report  upon  the  work  done  by  its  own  agents  and  by  the 
overseers  of  the  poor  in  respect  to  such  families  any  of 
whose  members  are  without  legal  settlement  in  the  com- 
monwealth; and  shall  make  a  separate  report  on  the  work 
done  by  the  overseers  of  the  poor  in  respect  to  such 
families  in  which  all  the  members  have  a  legal  settlement 
in  the  commonwealth. 
SECTION  6.  In  respect  to  all  mothers  in  receipt  of  aid  Reimburse-; 

ment  of  cities 

hereunder  the  city  or  town  rendering  the  aid  shall  be  thf  commo^ 
reimbursed  by  the  commonwealth,  after  approval  of  the  wealth- 
bills  by  the  state  board  of  charity,  for  one  third  of  the 
amount  of  the  aid  given.  If  the  mother  so  aided  has  no 
settlement,  the  city  or  town  shall  be  reimbursed  for  the 
total  amount  of  the  aid  given,  after  approval  of  the  bills 
by  the  state  board  of  charity  as  aforesaid.  If  the  mother 
so  aided  has  a  lawful  settlement  in  another  city  or  town 
two  thirds  of  the  amount  of  such  aid  given  may  be  re- 
covered in  an  action  of  contract  against  the  city  or  town 
liable  therefor  in  accordance  with  the  provisions  of  chap- 
ter eighty-one  of  the  Revised  Laws  and  acts  in  amendment 
thereof  and  in  addition  thereto. 

SECTION  7.     For  the  purpose  of  reimbursing  the  cities  Appropriation. 
and  towns,  as  provided  in  the  foregoing  section,  there  shall 
be  appropriated  from  the  treasury  of  the  commonwealth 
the  sum  of  fifty  thousand  dollars  for  the  operations  of  the 
first  year. 

SECTION  8.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

SECTION  9.    This  act  shall  take  effect  on  the  first  day  Time  of  taking 

effect. 

of  September,  nineteen  hundred  and  thirteen.     [Approved 
June  12,  1913. 

For  the  protection  of  minors  in  the  religious  belief  of  their 
parents,  see  1905,  464,  p.  117,  infra.  See  also  1913,  266,  p.  60,  supra, 
providing  that  certain  needy  persons  shall  not  be  termed  paupers. 


86 


MANUAL  OF  LAWS. 


[Ca.  81. 


cities  and 

towns  may 


to  p^u 


[1909,  292.] 

AN  ACT  TO  PROVIDE  FOR  REIMBURSING  CITIES  AND  TOWNS 
FOR  MEDICAL  ATTENDANCE  OR  TREATMENT  FURNISHED 
TO  PAUPERS. 

SECTION  1.    Reasonable   compensation   for   medical  at- 

be  • 

nd-  tendance  or  treatment  furnished  by  a  city  or  town  under 
te.  the  provisions  of  chapter  eighty-one  or  chapter  eighty-five 
of  the  Revised  Laws  may  be  included  in  the  expenses  to 
be  paid  to  such  city  or  town  by  any  other  city  or  town, 
or  by  the  commonwealth  ;  although  such  attendance  or 
treatment  was  by  a  city  or  town  physician  whose  com- 
pensation is  by  a  fixed  or  annual  salary.  Such  reimburse- 
ment shall  not  exceed  the  proportionate  cost  to  the  city  or 
town  furnishing  the  attendance  or  treatment,  based  upon 
the  total  number  of  visits  annually  made  in  relation  to  the 
total  fixed  or  annual  salary  of  the  physician  for  all  services 
rendered  by  him  in  his  official  capacity. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  12,  1909. 


Publication 
of  names  of 
persons  aided 
prohibited. 


[1910,  412.] 

AN    ACT    RELATIVE    TO    ANNUAL    AND    OTHER    REPORTS    OF 
CITY   AND   TOWN   OFFICIALS. 

SECTION  1.  No  city  or  town,  and  no  department  or 
official  of  any  city  or  town  in  this  commonwealth,  shall 
publish  in  any  annual  or  other  report  for  general  distri- 
bution to  the  public,  or  to  the  citizens  of  any  city  or  town, 
the  names  of  persons  assisted  in  any  way  by  the  poor 
department  of  any  city  or  town,  or  the  names  of  any  per- 
sons receiving  aid  under  the  provisions  of  chapter  seventy- 
nine  of  the  Revised  Laws  and  acts  in  amendment  thereof 
and  in  addition  thereto,  residing  in  such  city  or  town. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  April  16,  1910. 


CH.81.]  SUPPORT  OF  PAUPERS.  87 

[1915,  163,  Gen.] 

AN  ACT  RELATIVE  TO  THE  SUPPORT  OF  DESTITUTE  PARENTS. 

SECTION  1.     Any  person,  above  the  age  of  twenty-one  Failure  to  sup- 
years;  who,  being  possessed  of  sufficient  means,  unreason-  under  certain 

condition  pun- 
ably  neglects  or  refuses  to  provide  for  the  support  and  ishabie  by  fine. 

maintenance  of  his  parent,  whether  father  or  mother, 
residing  in  this  commonwealth,  when  such  parent  through 
misfortune  and  without  fault  of  his  own  is  destitute  of 
means  of  sustenance  and  unable  by  reason  of  old  age, 
infirmity  or  illness  to  support  and  maintain  himself  or 
herself,  shall  be  punished  by  a  fine  not  exceeding  two  hun- 
dred dollars,  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment.  No  such 
neglect  or  refusal  shall  be  deemed  unreasonable  as  to  a 
child  who  shall  not  during  his  or  her  minority  have  been 
reasonably  supported  by  such  parent,  if  the  parent  was 
charged  with  the  duty  so  to  do,  nor  as  to  any  child  who, 
being  one  of  two  or  more  children,  has  made  proper  and 
reasonable  contribution  toward  the  support  of  such  des- 
titute parent. 

SECTION  2.     Before  the  trial,  with  the  consent  of  the  court  may 
defendant,  or  at  the  trial,  on  entry  of  a  plea  of  guilty  or  Immity  with 
after   conviction,  the  court   may,  in  its  discretion,  make  desertion  act. 
such   orders   and  require  such  conditions  for  the  benefit 
of  such  destitute  parent  as  are  provided  for  in  the  case 
of  a  wife  or  a  minor  child  by  chapter  four  hundred  and 
fifty-six  of  the  acts  of  the  year  nineteen    hundred   and 
eleven  and  acts  in   amendment  thereof  and  in  addition 
thereto,  and  the  practice  thereby  established  shall,  so  far 
as  it  is  applicable,  apply  to  proceedings  under  this  act. 

SECTION  3.  Complaints  under  the  provisions  of  this  act  complaint,  by 
may  be  made  by  any  such  parent,  by  any  child  of  such  a 
parent,  by  the  overseers  of  the  poor  of  the  city  or  to\vn  in 
which  the  parent  has  a  settlement  or  by  any  other  public 
relief  officer.  Proceedings  under  this  act  may  be  begun  in 
the  municipal,  district  or  police  court  having  jurisdiction 


88  MANUAL  OF  LAWS.  [Cn.82. 

of  the  place  where  the  defendant  lives,  and  if  there  be  no 
such  court,  then  in  any  municipal,  district  or  police  court 
in  the  county;  or  in  the  municipal,  district  or  police  court 
having  jurisdiction  of  the  place  where  the  parent  lives; 
and  if  there  be  no  such  court,  then  in  any  municipal, 
district  or  police  court  in  the  county.  If  no  court  has 
jurisdiction  as  aforesaid,  proceedings  may  be  begun  before 
a  trial  justice  in  the  county  where  the  defendant  or  the 
parent  lives.  [Approved  April  12,  1915. 


ILLEGITIMATE   CHILDREN. 

R.  L.  CHAPTER  82. 

OF  THE  MAINTENANCE  OF  BASTARD   CHILDREN. 
[Repealed  by  1913,  563,  infra.] 

Compkint.^  SECTION  1.     [Amended    by    1904,    159,    infra.]     Upon    complaint    of    a 

1692-3,  18,  §  5.  woman  who  has  been  delivered  of  a  bastard  child,  or  who  is  pregnant  with 

jj8^  46q  |2i'  a  cmld,  which,  if  born  alive,  may  be  a  bastard,  to  a  police,  district  or  mu- 

1846,  266,  §  l.  nicipal  court,  to  a  clerk  thereof  or  to  a  trial  justice,  against  the  man  whom 

1857*  soo^  ll'  s^e  accuses  °f  being  the  father  of  the  child,  the  court,  clerk  or  trial  justice 

1859^  239,  §  1.  shall  take  her  accusation  and  examination,  in  writing  under  oath,  relative 

ne^l?'^1'  to  t^ie  Person  accused,  the  time  when  and  place  where  the  complainant 

1866,  292,  §  2.  was  begotten  with  child,  and  such  other  circumstances  as  the  court,  clerk 

i87fi'227^  **'  or  trial  justice  considers  necessary  for  the  discovery  of  the  truth  of  such 

§§4/6.    '  accusation.     The  court,  clerk  or  trial  justice  may  issue  a  warrant  against 

issf  28Q  ^  ^  ^e  Person  accused,  which  may  be  returnable  before  the  same  or  any  other 

1897^  237,  §  2.  court  or  trial  justice  having  jurisdiction  thereof  in  the  county.    The  warrant 

s  M"^  2n<?  shall  run  throughout  the  commonwealth,  and  any  officer  qualified  to  serve 

13  Met.  372.  civil  or  criminal  process  in  any  county,  to  whom  it  is  directed,  may  serve  it 

,60C/^sl1'  Hli         and  apprehend  the  defendant  in  any  county. l 
lo  Oray,  ooo. 


15  Gray,  50. 

14  Allen,  155. 

150  Mass.  292. 

2  Allen,  402. 

104  Mass  224. 

151  Mass.  532. 

3  Allen,  149,  479. 

110  Mass 

152. 

153  Mass.  369, 

4  Allen,  365,  435.      • 

119  Mass 

167. 

428. 

5  Allen,  209,  301. 

133  Mass 

559. 

172  Mass.  167. 

9  Allen,  459. 

143  Mass 

182, 

174  Mass.  117. 

10  Allen,  389. 

449. 

175  Mass.  469. 

13  Allen,  472. 

1  A  complaint  under  this  act  partakes  both  of  the  nature  of  a  criminal  and  a  civil 
suit.  Hill  v.  Wells  (1828),  6  Pick.  104.  The  complainant  is  a  competent  witness  to 
any  facts  tending  to  establish  the  paternity  of  the  child  even  though  such  facts  be 
known  to  others.  Connelly  v.  Burrill  (1852),  10  Cush.  492.  A  difference  in  the  state- 
ment of  the  date  when  the  child  was  begotten  between  the  examination  and  the  declara- 
tion is  not  fatal  to  the  process.  Such  difference  of  statement  affects  only  the  credit 
of  the  complaining  witness.  Sayles  v.  Fanning  (1859),  13  Gray,  538.  So  also  with 
a  variance  in  the  place  where  the  child  was  begotten.  Kennedy  v.  Shea  (1872),  110 
Mass.  152.  A  complaint  alleging  the  time  and  place  of  begetting  may  be  supported 
where  the  proof  shows  two  separate  acts  of  intercourse  at  different  times  and  places 
and  the  mother  does  not  know  at  which  the  child  was  begotten.  Bassett  v.  Abbott 


CH.82J  ILLEGITIMATE   CHILDREN. 


[1904,  159.] 

AN    ACT    RELATIVE    TO    THE    MAINTENANCE    OF    BASTARD    CHILDREN. 

[Repealed  by  1913,  563,  infra.] 

SECTION  1.     Section  one  of  chapter  eighty-two  of  the  Revised  Laws  is  R.  L.  82,  §  1, 
hereby  amended  by  inserting  before  the  word  "police",  in  the  third  line,  amended, 
the  words:  —  justice  of  a,  —  by  striking  out  before  the  word  "court",  in 
the  fifth,  ninth  and  tenth  lines,  respectively,  the  word  "the",  and  inserting 
in  place  thereof  the  words:  —  such  justice  of  a,  —  and  by  striking  out  after 
the  word  "before",  in  the  twelfth  line,  the  words  "the  same  or",  and  before 
the  word  "court",  in  the  same  line,  the  word  "other",  — -  so  as  to  read  as 
follows :  —  Section  1 .     Upon  complaint  of  a  woman  who  has  been  delivered  Complaints 
of  a  bastard  child,  or  who  is  pregnant  with  a  child,  which,  if  born  alive,  m  bastardy 
may  be  a  bastard,  to  a  justice  of  a  police,  district  or  municipal  court,  to  a 
clerk  thereof  or  to  a  trial  justice,  against  the  man  whom  she  accuses  of- 
being  the  father  of  the  child,  such  justice  of  a  court,  clerk  or  trial  justice 
shall  take  her  accusation  and  examination,  in  writing  under  oath,  relative 
to  the  person  accused,  the  time  when  and  place  where  the  complainant  was 
begotten  with  child,   and  such  other  circumstances  as  such  justice  of  a 
couit,  clerk  or  trial  justice  considers  necessary  for  the  discovery  of  the  truth 
of  such  accusation.     Such  justice  of  a  court,  clerk  or  trial  justice  may  issue  Warrants. 
a  warrant  against  the  person  accused,  which  may  be  returnable  before  any 
court  or  trial  justice  having  jurisdiction  thereof  in  the  county.     The  warrant 
shall  run  throughout  the  commonwealth,  and  any  officer  qualified  to  serve 
civil  or  ciiminal  process  in  any  county,  to  whom  it  is  directed,  may  serve 
it  and  apprehend  the  defendant  in  any  county. 

SECTION  2.     This   act   shall   take   effect   upon   its   passage.     [Approved 
March  17,  1904. 

As  to  entry  fee.     See  2  Op.  A.  G.  22  (Feb.  18,  1899).    For  venue, 
see  Kennedy  v.  McLellan  (1907),  193  Mass.  528. 

(1855),  4  Gray,  69.  Inasmuch  as  the  town  chargeable  for  the  support  of  the  child' 
should  it  fall  into  distress,  has  a  direct  interest  in  the  outcome  of  the  complaint,  it  is 
not  competent  for  an  inhabitant  of  such  town  to  act  as  a  juror  in  the  trial  of  the  case. 
Hawes  v.  Justice  (1861),  2  Allen,  402.  Under  a  complaint  brought  by  a  married 
woman  living  with  her  husband,  it  is  incumbent  upon  the  complainant  to  prove  that 
the  husband  could  not  have  been  the  father,  since  primf  facie  every  child  born  in 
wedlock  is  presumed  to  be  legitimate.  Consequently  a  charge  to  the  jury  that  the 
complainant  "must  satisfy"  the  jury  that  her  husband  is  not  the  father  is  insufficient. 
Sullivan  v.  Kelly  (1861),  3  Allen,  148.  So  positive  must  be  the  proof  that  the  pre- 
sumption in  favor  of  the  legitimacy  of  the  child  cannot  be  rebutted  by  proof  of  the 
mother's  adultery  while  she  is  cohabiting  with  her  husband.  Hemmenway  v.  Towner 
(1861),  1  Allen,  209.  But  the  process  for  bastardy,  under  c.  82,  being  civil  in  its 
nature  it  is  in  general  sufficient  to  prove  the  charge  by  a  preponderance  of  evidence. 
Richardson  v.  Burleigh  (1861),  3  Allen,  479.  Chapter  563  of  the  Acts  of  1913,  re- 
pealing chapter  82  of  the  Revised  Laws,  constitutes  the  complaint  a  criminal  process. 
Consequently  in  trials  thereunder,  the  charge  must  be  established  beyond  a  reasonable 
doubt.  Under  the  former  statute  a  jury  might  find  one  to  be  guilty  of  being  the  father 
of  a  bastard  child  upon  the  evidence  of  the  mother  alone,  taken  in  connection  with 
the  record  of  the  preliminary  proceedings  in  the  case.  Noonan  v.  Brogan  (1862),  3 
Allen,  481.  Evidence  of  intercourse  with  other  men  than  the  defendant  more  than 
ten  calendar  months  before  the  birth  of  the  child  is  inadmissible,  if  there  is  no  evidence 
that  the  period  of  gestation  was  unusually  protracted.  Eddy  v.  Gray  (1862),  4  Allen, 
435;  Sabins  v.  Jones  (1875),  119  Mass.  167.  Neither  is  evidence  competent  that 
the  complainant  was  in  the  habit  of  associating  with  young  men  whose  reputation 
for  chastity  was  bad.  Idem. 


90 


MANUAL  OF  LAWS. 


[Cn.  82. 


Complainant, 
if  woman 
refuses. 
1859,  239,  §  3. 
G.  S.  72,  §  2. 
1863,  240,  §  2. 
1879,  291,  §  3. 
P.  S.  85,  §  2. 
1886,  101.  §  4. 
1898,  433,  §  24. 
1900,  129. 
3  Allen,  477,  481 
8  Allen,  334. 


Complaint  by 
state  pauper, 
where  made. 
1859,  239,  §§  2,  6. 
G.  S.  72,  §  3. 
P.  S.  85,  §  3. 
193  Mass.  529. 


Release  from 
arrest.    Bond. 
1871,  42,  §  1. 
P.  S.  85,  §  4. 
113  Mass.  268. 

Form  of 
bond,  etc. 
1871,  42,  §  2. 
1875,  109. 
P.  S.  85,  §  5. 
1891,  367. 
1899,  262. 
Continuance 
of  hearings. 
1863,  127,  §  1. 
P.  S.  85,  §  6. 
1891,  367. 


Removal  of 
case  to  supe- 
rior court. 
1863,  127,  §  2. 
P.  S.  85,  §  7. 
126  Mass.  233. 
143  Mass.  126. 
153  Mass.  369. 


Surrender  of 
principal  by 
surety. 
1856,  34,  §  1. 
1863,  127,  §  3. 
P.  S.  85,  §  8. 
3  Allen,  153. 
176  Mass.  231. 


SECTION  2.  If  a  woman  who  is  entitled  to  make  a  complaint  refuses 
or  neglects  so  to  do  when  requested  by  an  overseer  of  the  poor  of  the  place 
where  she  resides  or  has  her  settlement,  or  by  one  of  the  state  board  of 
charity,  or  by  the  superintendent  of  the  state  hospital,  or  by  a  person  au- 
thorized by  any  of  them  to  make  the  request,  or  by  either  of  her  parents 
or  her  guardian,  the  person  so  requesting  may  make  the  complaint;  and 
if,  after  it  has  been  made,  she  dies,  or  refuses  or  neglects  to  prosecute  the 
same,  any  of  said  persons  may  prosecute  the  case  to  final  judgment  for  the 
benefit  of  the  parent,  guardian,  city,  town  or  commonwealth. 

10  Allen,  389.  138  Mass.  370.  193  Mass.  529. 

SECTION  3.  If  such  woman  is  an  inmate  of  the  state  hospital,  a  com- 
plaint by  her  or  in  her  behalf  may  be  made  either  in  the  county  in  which 
she  then  is,  or  in  the  county  in  which  she  last  had  her  usual  place  of  abode 
before  becoming  such  inmate,  and  the  warrant  shall  be  returnable  in  the 
latter  county  or  the  county  in  which  the  defendant  resides.  If  a  complaint 
is  made  in  the  county  of  Suffolk,  by  or  in  behalf  of  an  inmate  of  the  house 
of  correction  at  Deer  Island,  the  warrant  shall  be  returnable  before  the 
municipal  court  of  the  city  of  Boston. 

SECTION  4.  A  person  who  is  arrested  upon  such  warrant  may  be  re- 
leased upon  giving  a  bond  with  sufficient  surety  or  sureties,  in  not  less  than 
three  hundred  dollars,  for  his  appearance  before  the  court  or  trial  justice 
having  jurisdiction  of  the  complaint,  at  a  time  to  be  specified  in  said  bond. 

SECTION  5.  The  bond  shall  be  made  to  the  party  for  whose  benefit  the 
complaint  is  made  or  prosecuted,  and  the  sureties  may  be  examined  and 
the  bond  approved  by  a  justice,  special  justice  or  clerk  of  a  police,  district 
or  municipal  court,  by  a  trial  justice  or  by  a  bail  commissioner  or  master 
in  chancery. 

SECTION  6.  The  court  or  trial  justice  may  continue  from  time  to  time 
the  hearing  of  such  complaint,  may  take  a  bond  from  the  defendant  to 
the  complainant,  in  a  sufficient  sum  and  with  sufficient  surety  or  sureties, 
with  condition  that  he  will  appear  before  the  court  or  trial  justice  at  any 
time  to  which  the  hearing  of  the  complaint  may  be  continued,  and  from 
time  to  time  thereafter,  until  the  final  disposition  of  said  complaint  before 
said  court  or  trial  justice  and  not  depart  without  leave;  and  may  order 
him  to  be  committed  until  he  gives  such  bond,  which  may  be  approved  as 
provided  in  the  preceding  section. 

SECTION  7.  If  the  defendant  does  not  appear  before  the  court  or  trial 
justice  at  any  time  to  which  the  hearing  is  continued,  or  departs  without 
leave,  his  default  shall  be  recorded,  and  the  bond,  a  copy  of  the  complaint 
and  warrant  and  of  the  record  of  the  court  or  trial  justice  shall  be  trans- 
mitted to  the  superior  court  in  the  same  county,  and  the  complaint  shall 
be  there  entered  and  determined  in  the  manner  herein  provided  in  similar 
cases.  If,  on  the  final  hearing,  the  defendant  is  adjudged  by  the  superior 
court  to  be  the  father  of  the  child  of  which  he  is  accused,  the  bond  shall  be 
security  for  the  performance  by  him  of  any  order  of  the  court  under  the 
provisions  of  section  fifteen. 

SECTION  8.  The  surety  on  a  bond  given  under  the  provisions  of  section 
six  may  surrender  the  principal  to  the  court  or  trial  justice  before  whom 
the  complaint  is  pending,  or  to  the  superior  court  if  the  complaint  is  pending 
therein,  and  upon  such  surrender,  the  bond  shall  be  void  and  the  court  or 
trial  justice  to  whom  the  surrender  is  made  may  require  a  new  bond  from 
the  defendant,  with  sufficient  surety  or  sureties,  and  the  defendant  shall 


CH.82.]  ILLEGITIMATE   CHILDREN.  91 

stand  committed  until  he  gives  it;  but  if  the  surrender  is  made  in  the  superior 
court,  the  new  bond  shall  be  for  the  appearance  of  the  defendant  to  answer 
to  the  complaint  in,  and  abide  the  order  of,  said  court. 

SECTION  9.     The    court   or   trial    justice   before   whom    the   warrant   is  Defendant  may 
returnable  may  after  due  hearing  require  the  defendant  to  give  bond  with  to  superior V6r 
sufficient  surety  or  sureties  to  appear  and  answer  to  the  complaint  at  the  court. 

/"I         o        79         (•       A 

next  return  day  of  the  superior  court,   and  abide  the  order  of  the  court  p  g  gs'sg 
thereon;    and  may  order  him  to  be  committed  until  such  bond  is  given.       1885,  384,  §  5. 

13  Met.  372.  113  Mass.  268.  150  Mass.  292, 

11  Cush.  197.  116  Mass.  198,  451. 

2  Allen,  402.  263,  360.  153  Mass  369. 


3  Allen,  153.  119  Mass.  167,  157  Mass 

8  Allen,  334.  228.  167  Mass 

108  Mass.  233.  138  Mass.  367.  174  Mass 

110  Mass.  152,  143  Mass.  126.  193  Mass 
317. 


417. 
543. 
117. 

528. 


SECTION  10.     If  the   court  or  trial  justice  requires  the  defendant  to  Notice  to 
give  bond  under  the  provisions  of  the  preceding  section,  or  if  the  defendant  complainant, 
makes  default,  the  court  or  trial  justice  shall,  before  the  next  return  day  1863,  127,  §  4. 
of  the  superior  court  in  the  same  county,  if  the  complaint  was  made  by  P-  ®-  85.  §  10. 
the  woman  entitled  to  make  the  same,  send  written  notice  by  mail  or  other- 
wise to  the  person  authorized  to  make  the  complaint  under  the  provisions 
of  section  two  that  such  complaint  has  been  made,  and  that  the  defendant 
has  been  required  to  give  bond,  or  has  made  default,  as  the  case  may  be. 

SECTION  11.     A  surety  upon  a  bond  given  under  the  provision  of  section  Surrender  of 

six  may,  if  the  court  in  which  the  complaint  is  pending  is  not  in  session,  principal  to 

,  .  ,      ,       jailer,  when, 
surrender  his  principal  to  the  keeper  of  any  jail  in  the  county  in  which  the  1878,  48. 

complaint  is  pending.  The  surety  shall  deliver  to  the  jailer  a  copy  of  the  ?•$; 85>  JL11- 
bond,  attested  by  the  officer  having  custody  thereof,  which  shall  be  a  suf- 
ficient warrant  to  the  jailer,  although  the  surrender  and  commitment  prove 
to  be  unlawful  on  the  part  of  the  surety.  Such  surrender  shall  have  the 
same  effect  as  a  surrender  under  the  provisions  of  section  eight,  and  like 
proceedings  may  be  had  thereafter. 

SECTION  12.     [Amended  by  1905,  845,  infra.]     If  the  defendant  is  com-  Discharge  of 
mitted  under  the  provisions  of  section  nine  and  the  complaint  is  not  entered  ^0^.g^rv  °n 
at  the  return  day  of  the  superior  court  at  which  he  was  required  to  appear,  how. 
he  may  make  application  to  said  court  to  be  discharged;   and  if  it  appears,  p  g  ic   «  jo 
after  such  notice  as  the  court  may  order,  that  there  is  no  ground  to  hold  1885,  384,  §  5. 
him  to  answer  further  to  the  complaint,  the  court  shall  order  him  to  be 
discharged. 

[1905,  345.] 

AN   ACT    RELATIVE    TO    IMPRISONMENT    IN    BASTARDY    CASES. 

[Repealed  by  1913,  563,  infra.] 

SECTION  1.     Section  twelve  of  chapter  eighty-two  of  the  Revised  Laws  R.  L.  82,  §  12, 
is  hereby  amended  by  adding  at  the  end  thereof  the  following :  —  If  after  amended, 
entry  the  complainant  neglects  or  refuses  to  prosecute  such  complaint,  the 
district  attorney,  upon  notification  from  a  probation  officer  or  from  the 
keeper  of  the  jail  in  which  such  defendant  is  confined  that  the  proceedings 
have  been  unreasonably  prolonged,  shall  bring  the  case  to  the  attention  of 
the  superior  court  which,  after  such  notice  to  the  complainant  and  such 
investigation  as  it  shall  deem  necessary,  may  order  the  defendant  to  be 
discharged,  —  so  as  to  read  as  follows:  —  Section  12.     If  the  defendant  is  Defendants  in 

committed  under  the  provisions  of  section  nine  and  the  complaint  is  not  bastardy 

cases  may  be 


92 


MANUAL  OF  LAWS. 


[Cn.  82. 


discharged  in 
certain  cases. 


enteied  at  the  return  day  of  the  superior  court  at  which  he  was  required  to 
appear,  he  may  make  application  to  said  court  to  be  discharged;  and  if  it 
appears,  after  such  notice  as  the  court  may  order,  that  there  is  no  ground 
to  hold  him  to  answer  further  to  the  complaint,  the  court  shall  order  him 
to  be  discharged.  If  after  entry  the  complainant  neglects  or  refuses  to 
prosecute  such  complaint,  the  district  attorney,  upon  notification  from  a 
probation  officer  or  from  the  keeper  of  the  jail  in  which  such  defendant  is 
confined  that  the  proceedings  have  been  unreasonably  prolonged,  shall 
bring  the  case  to  the  attention  of  the  superior  court  which,  after  such  notice 
to  the  complainant  and  such  investigation  as  it  shall  deem  necessary,  may 
order  the  defendant  to  be  discharged. 

SECTION  2.     This   act   shall   take   effect   upon   its   passage.     [Approved 
April  26,  1905. 


Continuance 
of  cause. 
1692-3,  18,  §  5. 
1785,  66,  §  2. 
R.  S.  49,  §  2. 
G.  S.  72,  §  5. 
P,  S.  85,  §  13. 
12  Pick.  195. 

3  Allen,  151, 153. 
119  Mass.  59. 
138  Mass.  369. 
Discharge 
after  commit- 
ment, how. 
1856,  34,  §  2. 

G.  S.  72,  §  6. 

Trial  by  jury. 
C.  L.  55,  §  2. 
1692-3,  18,  §  5. 
1785,  66,  §  2. 
R.  S.  49,  §  4. 
G.  S.  72,  §  7. 
P.  S.  85,  §  15. 

2  Mass.  155. 
5  Mass.  517. 
14  Mass.  386. 

4  Gray,  69. 

3  Allen,  481. 
108  Mass.  233. 

112  Mass.  60. 

113  Mass.  268. 
118  Mass.  569. 


Mother  of  child 
may  testify. 
C.  L.  55,  §  2. 
1692-3,  18,  §  5. 
1785,  66,  §  2. 
R.  S.  49,  §  3. 
1857,  305,  §  1. 
1859,  239,  §  4. 
G.  S.  72,  §  8. 
P.  S.  85,  §  16. 
5  Pick.  63. 
8  Pick.  559. 
3  Cush.  537. 


SECTION  13.  If,  at  the  sitting  of  the  superior  court  to  which  the  de- 
fendant is  held  to  answer,  such  woman  has  not  been  delivered  or  is  not 
able  to  attend,  or  if  there  is  any  other  sufficient  reason  therefor,  the  court 
may  order  a  continuance  of  the  cause,  and  the  bond  shall  remain  in  force 
until  final  judgment;  but  if  the  sureties  thereon,  at  any  time,  object  to 
being  longer  held  liable,  or  if  the  court  finds  it  proper,  a  new  bond  may  be 
required,  and  the  defendant  shall  stand  committed  until  it  is  given. 

SECTION  14.  If  the  defendant  is  committed  on  account  of  inability  to 
give  bond,  he  shall  be  discharged  from  imprisonment  at  any  time  thereafter 
upon  giving  the  required  bond,  approved  in  the  manner  provided  in  section 
five.  P.-  S.  85,  §  14.  1898,  157. 

SECTION  15.  Upon  the  trial  of  the  complaint,  the  issue  to  the  jury 
shall  be  whether  the  defendant  is  guilty  or  not  guilty.  If  the  jury  find  him 
guilty,  or  if  he  is  defaulted,  he  shall  be  adjudged  by  the  court  to  be  the 
father  of  such  child,  and  shall  stand  charged  with  the  maintenance  thereof, 
with  the  assistance  of  the  mother,  in  such  manner  as  the  court  shall  order, 
and  shall  give  bond  with  sufficient  surety  or  sureties  to  perform  said  order, 
and  to  idemnify  and  save  harmless  against  all  charges  of  maintenance  the 
parents  of  the  mother  and  any  city  or  town  or  the  commonwealth  chargeable 
with  the  maintenance  of  such  child;  and  he  may  be  committed  until  he 
gives  such  bond.  If  the  jury  find  him  not  guilty,  the  court  shall  order  him 
to  be  discharged.  The  verdict  in  either  case  shall  be  final. 

128  Mass.  211.          145  Mass.  13.  194  Mass.  292. 

SECTION  16.  The  mother  of  the  child  shall  be  admitted  as  a  witness 
in  support  of  the  complaint,  and  may  be  compelled  to  testify;  but  her  ad- 
missions shall  not  be  used  against  her  in  any  criminal  prosecution,  except 
for  perjury  committed  while  so  testifying.  If,  upon  examination  under 
the  provisions  of  section  one  and  also  in  the  time  of  her  travail,  she  accuses 
the  same  man  of  being  the  father  of  the  child  of  which  she  is  about  to  be 
delivered,  and  continues  constant  in  such  accusation,  her  accusation  in 
time  of  travail  may  be  put  in  evidence  upon  the  trial  to  corroborate  her 


testimony. 

2  Allen,  406. 
4  Allen,  435. 
7  Allen,  136. 
103  Mass.  46. 


10  Cush 
116  Mass 
123  Mass 
143  Mass 
148  Mass 


285,  492. 
198. 
365. 
182,  449. 


11  Gray,  376. 
150  Mass.  292. 
153  Mass.  378. 

185  Mass.  73. 

186  Mass.  168. 


SECTION  17.     If  any  of  the  persons   authorized  by  the  provisions  of 


Withdrawal  of 

complaint. 

1859,  239,  §  5.       section  two  have  intervened  as  therein  provided,  no  complaint  instituted 

G.  S.  72,  §  9.        by  the  mother  shall  be  withdrawn,  dismissed  or  settled  by  agreement  be- 


cn.82.]  ILLEGITIMATE   CHILDREN.  93 

tween  her  and  the  putative  father  without   the  consent  of  the  person  so  p.  s.  85,  §  17. 

intervening  unless  provision  is  made,   to  the  satisfaction  of  the  court,  to  *  4!!en'  59' 
,.,.,.,  9  Allen,  461. 

relieve  and  indemnify  any  parent,   guardian,   city,  town   or  the  common-  121  Mass.  533. 

wealth  from  all  charges  which  have  accrued  or  may  accrue  for  the  main- 
tenance of  the  child,  and  for  the  costs  of  complaint  and  prosecution  thereof. 

SECTION  18.     No   settlement   made   by   the   father   and   mother,    before  Liability  of 
or  after, the  complaint  is  made,  shall  relieve  the  father  from  liability  to  any  father  f°r 
city  or  town  or  the  commonwealth  for  the  support  of  a  bastard  child.  1859,  239,  §  5. 

G.  S.  72,  §  10.  P.  S.  85,  §  18.  160  Mass.  232. 

SECTION  19.     Officers  named  in  section  two  may,  with  the  consent  of  Compromise 
the  mother  or  of  her  parent  or  guardian,  compromise  such  complaint  on  *862  213  P 
receipt  of  a  fixed  sum,  or  of  security  for  the  payment  thereof,  for  the  benefit  P-  S.  85,  §  19. 
of  the  city,  town  or  commonwealth,  as  the  case  may  be. 

SECTION  20.     If  the  defendant  has  been  imprisoned  ninety  days  for  a  Defendant 
failure  to  comply  with  an  order  of  the  superior  court,  as  provided  in  this  "^  Debtor's 
chapter,  he  shall  have  the  benefit  of  the  laws  for  the  relief  of  poor  debtors  oath. 
committed  on  execution  if  he  causes  the  notice  required  by  the  provisions  -^  g  49   §5 
of  section  thirty-three  of  chapter  one  hundred  and  sixty-eight  to  be  served  G.  S.  72,  §  11. 
upon  the  clerk  of  the  city  or  town  in  which  the  child  of  which  he  is  the  3\iieif  151  ' 
reputed  father  has  its  legal  settlement,  if  there  is  such  place  in  the  common-  153  Mass.  428. 
wealth,  and  upon  the  parties  to  the  record,  thirty  days  at  least  before  the 
time  appointed  for  taking  the  oath. 

SECTION  21.     The  mother  of  such  child,  and  said  city  or  town  or  the  Remedy  by 
commonwealth,  respectively,  may,  at  any  time  after  the  liberation  of  the  ^25,  173. 
defendant   or  after  taking   said   oath,   recover   by   action   of  contract   any   R.  S.  49,  §  6. 
amount  of  money  for  which  he  is  liable  to  them  respectively  in  pursuance  p.' 8.86*8  21. 
of  such  order  of  court.  153  Mass.  428. 

SECTION  22.     Prosecutions  under  the  provisions  of  this  chapter,  except  Prosecutions, 
as  herein  otherwise  expressly  provided,  shall  be  according  to  the  course  of  jg^j '  ggi  ^  ^  2. 
proceedings  in  civil  cases,  and  shall  not  be  entertained  at  a  sitting  of  the  G.  S.  72,  §  13. 
superior  court  held   exclusively   for  the   transaction   of   criminal   business;  p  g'  gs(  §  22°. 
but  they  may  be  tried  before  police,  district  or  municipal  courts  when  3  Gush.  537. 
sitting  for  civil  or  criminal  business. 

9  Gray,  253.  105  Mass.  234.  167  Mass.  543. 

4  Allen,  365.  108  Mass.  233.  174  Mass.  117. 

5  Allen,  301.  138  Mass.  369.  194  Mass.  292. 
103  Mass.  50.  145  Mass.  18. 

SECTION  23.     The   complainant   shall   not   be   required   to  pay   or   give  Complainant 
security  for  the  support  of  the  defendant  if  he  is  committed  to  prison  by  ^°*  ^ant^rT1 
virtue  of  the  provisions  of  this  chapter;    nor  shall  the  defendant  be  dis-  prison, 
charged   from   imprisonment   although  payment   is   not   made   or   security  Q  £  72   x  14 
given  for  his  support.  P.  S.  85,'  §  23. 

[1913,  563.] x 

AN   ACT   RELATIVE   TO   ILLEGITIMATE   CHILDREN   AND   THEIR 
MAINTENANCE. 

SECTION  1 .     Whoever,  not  being  the  husband  of  a  wo-  Courts  having 

•11-111111  -i  c  •     i  jurisdiction  of 

man,  gets  her  with  child  shall  be  guilty  or  a  misdemeanor,  complaints  in 

0  _  .       cases  of  mam- 

Proceedings  under  any  section  of  this  act  may  be  begun  in  tenance,  etc., 

of  illegitimate 

the  municipal;  district  or  police  court  having  jurisdiction  children. 

1  See  notes,  p.  88,  supra. 


94 


MANUAL  OF  LAWS. 


[Cn.  82. 


Adjudication 
to  be  final 
unless  appeal 
is  made  to 
superior  court. 


in  the  place  where  the  defendant  lives,  and  if  there  be  no 
such  court,  then  in  any  municipal,  district  or  police  court 
in  the  county;  or  in  the  municipal,  district  or  police  court 
having  jurisdiction  in  the  place  where  the  mother  of  the 
illegitimate  child  lives;  and  if  there  be  no  such  court,  then 
in  any  municipal,  district  or  police  court  in  the  county. 
If  no  court  has  jurisdiction  as  aforesaid,  proceedings  may 
be  begun  before  a  trial  justice  in  the  county  where  such 
defendant  or  such  mother  lives.1 

SECTION  2.  If  the  defendant  pleads  guilty  or  nolo 
contendere,  or  is  found  guilty,  the  court  or  justice  shall 
enter  a  judgment  adjudging  him  the  father  of  such  child; 
but  such  adjudication  shall  not  be  made  after  a  plea  of 
not  guilty,  against  the  objection  of  the  defendant,  until 
the  child  is  born  or  the  court  or  justice  finds  that  the 
mother  is  at  least  six  months  advanced  in  pregnancy. 
No  provision  of  law  limiting  adjournments  or  continuances 
shall  apply  to  proceedings  under  any  section  of  this  act. 
At  the  sitting  when  such  adjudication  is  made,  if  made 
after  a  plea  of  not  guilty,  the  defendant  may  appeal 
therefrom  to  the  superior  court  as  in  other  criminal  cases. 
Such  adjudication,  whether  any  sentence  be  imposed  or 
not,  shall  be  final  and  conclusive  unless  an  appeal  from 
such  adjudication  to  the  superior  court  be  taken  as 
hereinbefore  provided,  or,  if  such  adjudication  be  made  by 
the  superior  court,  unless  set  aside  upon  an  appeal  taken 

1  Process  under  the  former  act  was  not  confined  to  cases  where  the  child  was  living 
when  such  process  was  begun,  nor  was  it  limited  to  obtaining  security  and  indemnity 
for  the  future  maintenance  of  a  child  from  the  putative  father.  Meredith  v.  Watt 
(1867),  14  Allen,  155.  No  complaint  would  lie  under  the  former  statute  where  the 
child  was  not  born  alive,  since,  until  born,  it  could  not  become  the  subject  of  main- 
tenance. Schramm  v.  Stephan  (1882),  133  Mass.  559.  Testimony  as  to  the  com- 
plainant's accusation  at  the  time  of  travail  was  admissible  at  trial  even  though  such 
accusation  were  not  set  out  in  the  complaint.  Bowers  v.  Wood  (1886),  143  Mass.  182. 
And  the  mother  was  a  competent  witness  to  show  that  at  such  time  she  did  accuse 
the  defendant.  Reed  v.  Haskins  (1874),  116  Mass.  198.  Such  an  accusation  was 
held  to  be  within  "the  time  of  her  travail"  if  made  after  the  child  is  delivered  but 
before  the  cord  ia  severed.  Tacyv.  Noyes  (1886),  143  Mass.  449.  Sed  quaere  whether 
the  period  would  continue  till  the  delivery  of  the  placenta.  Bacon  v.  Harrington 
(1827),  5  Pick.  63.  The  cause  of  action  accrued  at  the  time  when  complaint  could 
first  be  made.  Leonard  v.  Bolton  (1891),  153  Mass.  428.  And  a  conveyance  of  prop- 
erty by  the  respondent  after  such  date  with  intent  to  defeat  the  recovery  could  be 
attacked  for  fraud  equally  with  any  such  conveyance  in  fraud  of  his  creditor.  Idem. 


CH.82.]  ILLEGITIMATE   CHILDREN.  95 

not  later  than  three  days  thereafter  under  the  provisions  of 
section  thirty-two  of  chapter  two  hundred  and  nineteen  of 
the  Revised  Laws,  or  upon  exceptions.  Such  adjudication 
may  be  entered  by  the  superior  court  notwithstanding 
exceptions  have  been  alleged  or  an  appeal  has  been  taken. 
The  court  or  justice  making  such  adjudication  may  within  New  trial  may 

.  i  be  granted 

one  year  thereafter  grant  a  new  trial  for  any  cause.1  for  cause. 

SECTION  3.  If  the  court  or  justice  having  jurisdiction  of  ma^b^dfs- 
any  case  under  any  section  of  this  act  becomes  satisfied  Si^caseVetc. 
that  no  living  child  will  be  born  of  which  the  defendant 
at  the  time  of  making  the  complaint  was  the  father,  or 
that  the  defendant  and  the  mother  have  married  each 
other  and  the  child  has  become  or  will  be  the  legitimate 
child  of  the  defendant,  or  that  adequate  provision  has 
been  made  for  the  maintenance  of  the  child,  the  com- 
plaint may  be  dismissed  and  any  adjudication  vacated; 
and  if  the  court  or  justice  certifies  that  such  provision  has 
been  made,  no  further  complaint  shall  be  maintained  under 
any  section  of  this  act. 

SECTION  4.     If  the  child  has  not  been  born  at  the  time  Court  may 

make  order  for 

of  such  adjudication,  the  court  or  justice  having  jurisdic-  ^a0ynmenb  of 
tion  of  the  case  shall  continue  the  case  from  time  to  time  certain"1*  f°r 
until  the  child  is  born.    At  any  time  after  such  adjudica-  expenses- 
tion,    after   inquiring   into   the   respective   means    of   the 
defendant  and  the  mother,  the  court  or  justice  having 
jurisdiction  of  the  case  may  make  an  order  for  the  pay- 
ment to  the  mother  or  to  a  probation  officer  of  a  sum  of 
money  to  be  determined  by  the  court  or  justice  for  the 
expenses  of  the  confinement  of  the  mother,  and  for  failure  Penalty  for 

failure  to  com- 

to  comply  with  such  order  may  order  that  the  defendant 

1  A  bastardy  process  under  the  former  statute  was  not  transferred  to  the  superior 
court  by  "appeal  or  removal."  The  superior  court  exercised  an  original  and  not  an 
appellate  jurisdiction.  The  case  might  therefore  be  tried  in  the  superior  court  on 
certified  copies  of  the  papers  in  the  inferior  court.  Biggani  v.  Ross  (1879),  126  Mass. 
233.  Upon  trial  in  the  superior  court  it  was  too  late  for  the  defence  to  object  for 
the  first  time  to  the  jurisdiction  of  the  inferior  court.  Davis  v.  Sylvester  (1890),  150 
Mass.  451;  Prince  v.  Gundaway  (1892),  157  Mass.  417.  An  order  of  the  lower  court 
discharging  the  respondent  ended  the  proceedings  and  the  superior  court  had  no  juris- 
diction to  entertain  the  appeal  of  the  complainant.  Jennings  v.  Browne  (1897),  167 
Mass.  543. 


96 


MANUAL  OF  LAWS. 


[Cn.  82. 


Court  may 
make  order 
relative  to 
care,  etc.,  of 
children. 


Liability  of 
defendant  for 
support  of 
child,  etc. 


Penalty  for 
neglect  to 
provide  for 
support  of 
child,  etc. 


be  committed  to  jail,  as  for  a  contempt  of  court,  for  a 
term  not  exceeding  two  months,  unless  he  shall  sooner 
comply  with  the  order  of  the  court.1 

SECTION  5.  After  such  adjudication,  the  court  or  justice 
having  jurisdiction  of  the  case  may  make  such  order  as 
may  be  considered  expedient  relative  to  the  care  and 
custody  of  the  child,  and  afterward  from  time  to  time 
may  revise  and  alter  the  said  order,  as  justice  and  the 
welfare  of  the  child  require,  and  the  order  shall  be  binding 
on  all  persons. 

SECTION  6.  After  such  adjudication,  and  after  the  child 
has  been  born,  the  defendant  shall  be  liable  to  contribute 
reasonably  to  the  support  of  the  child  during  minority, 
and  shall  be  subject  upon  the  original  complaint  under 
section  one  of  this  act,  to  all  the  penalties  and  all  the 
orders  for  the  support  and  maintenance  of  the  child  pro- 
vided in  the  case  of  a  parent  who  is  found  guilty  of 
unreasonably  neglecting  to  provide  for  the  support  and 
maintenance  of  a  minor  child  by  chapter  four  hundred  and 
fifty-six  of  the  acts  of  the  year  nineteen  hundred  and 
eleven  and  acts  in  amendment  thereof  and  in  addition 
thereto;  and  the  practice  thereby  established  shall,  so  far 
as  it  is  applicable,  apply  to  proceedings  under  this  section 
and  the  preceding  sections  of  this  act. 

SECTION  7.  Any  father  of  an  illegitimate  child,  whether 
such  child  shall  have  been  begotten  within  or  without  this 
commonwealth,  and  whether  such  child  shall  have  been 
begotten  before  or  after  the  taking  effect  of  this  act,  who 
neglects  or  refuses  to  contribute  reasonably  to  the  support 
and  maintenance  of  such  child  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  liable  to  all 
the  penalties  and  all  the  orders  for  the  support  of  the  child 
provided  in  the  case  of  a  parent  who  is  found  guilty  of 

1  An  order  of  maintenance  could  not  issue,  under  the  former  statute,  until  after 
an  adjudication  that  the  respondent  was  the  putative  father  of  the  child.  Common- 
wealth v.  Lydia  Clark  (1806),  2  Mass.  156.  The  putative  father  could  not  be  charged 
for  lying-in  expenses  inasmuch  as  they  represent  no  part  of  the  maintenance  of  the 
child.  Commonwealth  v.  Cole  (1809),  5  Mass.  517. 


CH.82.]  ILLEGITIMATE  CHILDREN.  97 

unreasonably  neglecting  to  provide  for  the  support  and 
maintenance  of  a  minor  child  by  chapter  four  hundred  and 
fifty-six  of  the  acts  of  the  year  nineteen  hundred  and 
eleven  and  acts  in  amendment  thereof  and  in  addition 
thereto;  and  the  practice  thereby  established  shall,  so 
far  as  it  is  applicable,  apply  to  proceedings  under  this 

section.     If  there  has  been  any  final  adjudication  under  Final  adjudi- 
cation to  be 
this  act,  such  judgment,  order  or  adjudication  shall  be  con-  conclusive,  etc. 

elusive  on  all  persons  in  proceedings  under  this  section; 
otherwise,  the  question  of  paternity  shall  be  determined 
in  proceedings  under  this  section:  provided,  however,  that  Proviso. 
no  proceedings  shall  be  maintained  under  the  provisions 
of  this  act  in  any  case  where  proceedings  have  been  begun 
under  chapter  eighty -two  of  the  Revised  Laws  and  acts  in 
amendment  thereof  or  in  addition  thereto. 

SECTION  8.  Appealed  proceedings  under  this  act  shall  e^eonl^aJ! 
be  placed  on  the  trial  list  for  each  sitting  of  the  superior 
court  for  the  trial  of  criminal  cases  until  tried,  and  shall 
have  precedence  next  after  the  cases  mentioned  in  section 
thirty-two  of  chapter  one  hundred  and  fifty-seven  of  the 
Revised  Laws. 

SECTION  9.     Chapter  eighty-two  of  the  Revised  Laws  Repeal  not  to 

r  ...  affeot  certain 

and  all  acts  in  amendment  thereof  or  in  addition  thereto  proceedings. 
are  hereby  repealed;    but  this  repeal  shall  not  affect  any 
proceeding  begun  before  the  first  day  of  July,  in  the  year 
nineteen  hundred  and  thirteen. 

SECTION  10.    This  act  shall  take  effect  on  the  first  day  Tjme  of  taking 

"    effect. 

of  July  in  the  year  nineteen  hundred  and  thirteen.  [Ap- 
proved April  26,  1913. 

For  the  settlement  of  illegitimate  children,  see  R.  L.  80,   §  1, 
cl.  3,  p.  54,  and  1911,  669,  §  1,  cl.  4,  p.  58,  supra. 


98 


MANUAL  OF  LAWS. 


[Cn.  83. 


PROTECTION  OF  INFANTS.     CARE  OF  PAUPER 
CHILDREN. 

For  provisions  relating  to  the  adoption  of  children,  see  R.  L. 
154,  p.  270,  infra. 

For  provisions  relating  to  feeble-minded  children,  see  1906,  508; 
1909,  504,  §§  59-65. 

For  act  establishing  the  Boston  Juvenile  Court,  see  1906,  489, 
p.  198,  infra. 

For  provisions  relating  to  juvenile  offenders,  see  R.  L.  86,  p.  169, 
and  1906,  413,  p.  189,  infra. 


Definition  of 
infant  board- 
ing house. 
1889,  416,  §  2. 
1892,  318,  §  2. 
162  Mass.  596. 


Infant  board- 
ing houses  to 
be  licensed. 
1889,  416,  §  3. 
1892,  318,  §§  3, 4. 
162  Mass.  596. 


R.  L.  CHAPTER  83. 

OF  THE  PROTECTION  OF  INFANTS  AND  THE  CARE 
OF  PAUPER  CHILDREN. 

SECTIONS     1-19.  —  Protection  of  Infants. 

SECTIONS  20-25.  —  Care  of  Pauper  Children. 

SECTIONS  26-28.  —  Care  of  Children  under  Seven  Years  of  Age. 

SECTIONS  29-35.  —  Care  of  Destitute  and  Abandoned  Children. 

SECTIONS  36-39.  —  Care  of  Children  under  Sixteen  Years  of  Age. 

PROTECTION  OF  INFANTS. 

SECTION  1.  Whoever  for  hire,  gain  or  reward  has  in  his 
custody  or  control  at  one  time  two  or  more  infants  under 
the  age  of  two  years  unattended  by  a  parent  or  guardian, 
except  infants  related  to  him  by  blood  or  marriage,  for  the 
purpose  of  providing  them  with  care,  food  and  lodging 
shall  be  deemed  to  maintain  a  boarding  house  for  infants. 

SECTION  2.  The  state  board  of  charity  may  grant  li- 
censes to  maintain  boarding  houses  for  infants.  Every 
application  therefor  shall,  except  in  Boston,  first  be  ap- 
proved by  the  board  of  health  of  the  city  or  town  in  which 
such  boarding  house  is  to  be  maintained.  Such  license 
shall  be  granted  for  a  term  not  exceeding  one  year,  shall 
state  the  name  of  the  licensee,  the  particular  premises  in 
which  the  business  may  be  carried  on,  the  number  of 
infants  which  may  be  boarded  there  at  one  time,  and,  if 
required  by  said  board,  it  shall  be  posted  in  a  conspicuous 
place  on  the  licensed  premises.  No  greater  number  of 


CH.83.]       PROTECTION  OF  INFANTS,  ETC.  99 

infants  shall  be  kept  at  one  time  on  the  premises  than  is 
authorized  by  the  license,  and  no  infant  shall  be  kept  in  a 
building  or  place  not  designated  in  the  license.  A  record 
of  licenses  issued  shall  be  kept  by  the  state  board  of 
charity,  which  shall  forthwith  give  notice  to  the  board  of 
health  of  the  city  or  town  in  which  the  licensee  resides  of 
the  granting  of  such  license  and  of  the  terms  thereof. 
The  state  board  of  charity  and  boards  of  health  of  cities 
and  towns  except  Boston  shall  annually,  and  may,  at  any 
time,  visit  and  inspect,  or  designate  a  person  to  visit  and 
inspect,  premises  so  licensed. 

SECTION  3.    The  state  board  of  charity  may  revoke  such  Revocation 

,.  ..,.  .  1111  i  .of  license. 

license  in  its  discretion,   and  shall  note  such  revocation  isso.  416,  §  3. 

1892,  318,  §§  3,  6. 

upon  the  face  of  the  record  thereof.    It  shall  give  written  162  Mass.  596. 
notice  of  such  revocation  to  the  licensee  by  delivering  the 
notice  to  him  in  person  or  by  leaving  it  on  the  licensed 
premises. 

SECTION  4.    Every  such  licensee  shall  keep  a  record,  in  a  Records  by 


•1111  i  i        i«       i        •  <»  . 

form  to  be  prescribed  by  the  state  board  ot  charity,  or  1892,  sis,  §  5. 
every  infant  received,  the  date  of  its  reception,  the  name 
and  address  of  the  person  from  whom  it  was  received,  the 
date  of  its  discharge  and  the  name  and  address  of  the  per- 
son to  whom  it  was  delivered  on  discharge. 

SECTION  5.     Whoever  maintains  a  boarding  house  for  Penalty  for 

maintaining 

infants,    unless   licensed   thereto    by   the   state   board   of  unlicensed 

boarding 

charity,  shall  be  punished  by  a  fine  of  not  more  than  one  ^ggTsig  §  i 
hundred  dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  by  both  such  fine  and  imprisonment. 

SECTION  6.  Whoever  receives  under  his  care  or  control, 
and  whoever  places  under  the  care  or  control  of  another 
for  compensation,  an  infant  under  two  years  of  age,  which  152  Mass.  596. 
is  not  related  by  blood  or  marriage  to  the  person  receiving 
it,  shall,  within  two  days  thereafter,  give  notice  thereof, 
and  of  the  terms  upon  which  such  infant  was  received,  to 
the  state  board  of  charity,  with  the  name,  age  and  resi- 
dence of  the  infant,  its  parents  and  the  persons  from  whom 
or  by  whom  respectively  it  was  received;  but  if  such 


100 


MANUAL  OF  LAWS. 


[Cn.  83. 


Investigation 
by  board. 
1892,  318,  §  8. 


Penalties. 
1892,  318,  §  9. 
162  Mass.  596. 


Abandonment 
of  infant. 
1892,  318, 
J§  10-12. 
1897,  395,  §  3. 


infant  was  received  from  the  overseers  of  the  poor  of  any 
city  or  town  or  from  the  trustees  for  children  of  the  city  of 
Boston  or  from  any  charitable  institution  incorporated  in 
this  commonwealth,  such  notice  may  state  only  the  name 
and  age  of  such  infant  and  the  name  and  location  of  the 
board  or  institution  from  which  it  was  received.1 

SECTION  7.  The  state  board  of  charity,  upon  receipt  of 
such  notice  or  of  any  information  of  such  reception,  may 
investigate  the  case  and  make  such  recommendations  as  it 
deems  expedient.  If  they  are  not  complied  with,  it  may 
apply  to  a  justice  of  the  supreme  judicial  court,  superior 
court,  police,  district  or  municipal  court,  or  to  a  judge  of 
probate,  who,  after  notice  to  the  parents  of  such  infant  or 
to  the  persons  delivering  and  receiving  it,  may  make  and 
enforce  appropriate  orders  for  the  care,  custody,  protec- 
tion and  maintenance  of  such  infant,  and  on  notice  may 
from  time  to  time  revise  said  orders. 

SECTION  8.  Whoever  neglects  to  give  the  notice  re- 
quired by  section  six  or  refuses  to  give  information  upon 
request  of  said  board  or  to  comply  with  the  orders  of  a 
court  made  in  accordance  with  the  provisions  of  the  pre- 
ceding section  shall,  upon  complaint  of  an  agent  of  said 
board  thereto  authorized,  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

SECTION  9.  Whoever  gives  to  any  person  an  infant 
under  two  years  of  age  for  the  purpose  of  placing  it  for 
hire,  gain  or  reward  under  the  permanent  control  of  an- 
other person  shall  be  deemed  guilty  of  the  abandonment 
of  such  infant  and  shall,  if  a  man,  be  punished  by  impris- 

1  The  language  of  §  6  includes  any  person  who  receives  under  his  care,  etc.,  an 
infant,  etc.,  and  is  not  governed  by  §  1,  which  defines  the  keeping  of  a  boarding  house 
for  infants  to  be  the  keeping  for  hire  of  two  or  more  infants  apart  from  their  parents, 
etc.  Consequently  any  person  who  so  takes  an  infant  under  two  years  into  his  care 
for  a  consideration,  with  an  agreement  to  care  for  the  same  for  a  period  of  ten  days, 
is  guilty  of  violating  the  statute  if  he  fails  to  notify  the  State  Board  of  Charity  within 
ten  days  (Commonwealth  v.  Johnson  (1895),  162  Mass.  596),  and  this  is  so  even  though 
he  may  have  given  up  the  child  within  an  hour  after  receiving  it.  Idem. 


CH.83.]       PROTECTION  OF  INFANTS,  ETC.  101 

onment  in  the  house  of  correction,  and  if  a  woman,  in 
the  reformatory  prison  for  women,  for  not  more  than  two 
years.  Whoever  for  hire,  gain  or  reward  receives  such  an 
infant  for  the  purpose  of  placing  it  under  the  control  of 
any  .other  person  shall  be  deemed  guilty  of  aiding  and 
abetting  the  abandonment  of  such  infant  and  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars 
or  by  imprisonment  for  not  more  than  two  years.  The 
provisions  of  this  section  shall  not  apply  to  the  state  board 
of  charity,  to  the  overseers  of  the  poor  of  any  city  or  town, 
to  the  trustees  for  children  of  the  city  of  Boston,  to  any 
incorporated  charitable  institution  or  to  the  officers  or 
agents  thereof. 

SECTION  10.     [Amended    by    1905,    269;     1911,    500,    infra.]     Whoever  Abandonment 
abandons  an  infant  under  two  years  of  age  within  or  without  any  building,  ?L,  ^m  °ss 1  o 
or,  being  its  parent  and  having  made  a  contract  for  its  board  or  main-  1889,  309*,  §  1.' 
tenance,  absconds  or  fails  to  perform  such  contract,  and  who  for  four  weeks 
after  such  absconding  or  breach  of  his  contract,  if  of  sufficient  physical 
and  mental  ability,  neither  visits  nor  removes  such  infant  nor  notifies  the 
overseers  of  the  city  or  town  in  which  he  resides  of  his  or  her  inability  to 
support  such  infant  shall  be  punished  by  imprisonment,  if  a  man,  in  the 
house  of  correction,  or,  if  a  woman,  in  the  reformatory  prison  for  women, 
for  not  more  than  two  years;  or,  if  the  infant  dies  by  reason  of  such  abandon- 
ment, for  not  more  than  five  years.    Whoever  knowingly  and  with  wrongful 
intent  aids  or  abets  in  abandoning  such  infant  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  two  years. 

[1905,  269.] 

AN    ACT     RELATIVE    TO    THE    ABANDONMENT    OF    CHILDREN    BY    PARENTS    OR 

OTHERS. 

[Amended  by  1911,  500.] 

Section  ten  of  chapter  eighty-three  of  the  Revised  Laws  is  hereby  amended  R.  L.  83,  §  10, 
by  striking  out  the  word  "two",  in  the  first  line,  and  inserting  in  place  amended, 
thereof  the  word:  —  ten,  —  and  by  inserting  after  the  word  "parent",  in 
the  second  line,  the  words :  —  or  being  under  a  legal  duty  to  care  for  it,  — 
so  as  to  read  as  follows:  —  Section  10.     Whoever  abandons  an  infant  under  Penalty  for 

ten  years  of  age  within  or  without  any  building,  or,  being  its  parent,  or  abandonment 

,       . .  .   ,    '          of  infants, 

being  under  a  legal  duty  to  care  for  it,  and  having  made  a  contract  for  its 

board  or  maintenance,  absconds  or  fails  to  perform  such  contract,  and 
who  for  four  weeks  after  such  absconding  or  breach  of  his  contract,  if  of 
sufficient  physical  and  mental  ability,  neither  visits  nor  removes  such 
infant  nor  notifies  the  overseers  of  the  city  or  town  in  which  he  resides  of 
his  or  her  inability  to  support  such  infant  shall  be  punished  by  imprison- 
ment, if  a  man,  in  the  house  of  correction,  or,  if  a  woman,  in  the  reformatory 


102  MANUAL  OF  LAWS.  [CH.SS. 

prison  for  women,  for  not  more  than  two  years;  or,  if  the  infant  dies  by 
reason  of  such  abandonment,  for  not  more  than  five  years.  Whoever  know- 
ingly and  with  wrongful  intent  aids  or  abets  in  abandoning  such  infant 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred  dollars  or  by  im- 
prisonment for  not  more  than  two  years.  [Approved  April  6,  1905. 

[1911,  500.] 

AN    ACT    RELATIVE    TO    THE    ABANDONMENT    OF    CHILDREN 
BY   PARENTS   OR   OTHERS. 

i^ndeV 10>  Section  ten  of  chapter  eighty-three  of  the  Revised  Laws, 
as  amended  by  chapter  two  hundred  and  sixty-nine  of  the 
acts  of  the  year  nineteen  hundred  and  five,  is  hereby 
further  amended  by  inserting  after  the  word  "overseers", 
in  the  ninth  line,  the  words :  —  of  the  poor,  —  so  as  to 

Penalty  for        rea(j    as    follows:  —  Section    10.      Whoever    abandons    an 

abandonment 

of  infants.  infant  under  ten  years  of  age  within  or  without  any 
building,  or,  being  its  parent,  or  being  under  a  legal  duty 
to  care  for  it,  and  having  made  a  contract  for  its  board  or 
maintenance,  absconds  or  fails  to  perform  such  contract, 
and  who  for  four  weeks  after  such  absconding  or  breach  of 
his  contract,  if  of  sufficient  physical  and  mental  ability, 
neither  visits  nor  removes  such  infant  nor  notifies  the 
overseers  of  the  poor  of  the  city  or  town  in  which  he 
resides  of  his  or  her  inability  to  support  such  infant  shall 
be  punished  by  imprisonment,  if  a  man,  in  the  house  of 
correction,  or,  if  a  woman,  in  the  reformatory  prison  for 
women,  for  not  more  than  two  years;  or,  if  the  infant  dies 
by  reason  of  such  abandonment,  for  not  more  than  five 
years.  Whoever  knowingly  and  with  wrongful  intent  aids 
or  abets  in  abandoning  such  infant  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars  or  by  imprison- 
ment for  not  more  than  two  years.  [Approved  May  27, 
1911. 


infante°n°f  SECTION    11.      Whoever   receives   an   infant  under  two 

1892,  sis,  §  is.    years  Of  age  for  adoption  or  for  giving  it  a  home  or  for 

procuring  a  home  or  adoption  for  it  shall,  before  receiving 


Cn.83.1      PROTECTION  OF  INFANTS,  ETC.  103 

the  same,  ascertain  its  name,  age  and  birthplace,  and  the 
name  and  residence  of  its  parent  or  parents,  and  shall  keep 
a  record  of  the  same,  and  of  the  date  of  such  reception. 
He  shall  forthwith  upon  the  reception  of  said  infant  give 
notice  in  writing  thereof  to  the  state  board  of  charity,  and 
upon  request  of  said  board  shall  give  information  and 
render  the  reports  concerning  such  infant  required  by  it; 
and  within  two  days  after  its  discharge  shall  give  notice  in 
writing  to  said  board  of  the  discharge  and  disposal  of  such 
infant.  Said  state  board  may  investigate  the  case,  and, 
at  any  time  previous  to  a  decree  of  adoption,  take  any 
such  infant  into  its  custody,  if  in  the  judgment  of  said 
board  the  public  interest  and  the  protection  of  the  infant 
so  requires. 

SECTION  12.    The  parents,  surviving  parent  or  guardian  infant  may  be 

r  8.  placed  in  care 

of  an  infant  under  three  years  of  age,  if  unable  to  support       oard  of 


it,  may  in  writing,  with  the  consent  of  the  state  board  of  1892«  318-  §  14- 

charity,  place  such  infant  in  its  charge  if  said  board  con- 

siders such  action  for  the  public  interest;    and  said  board 

may   receive   such   infant   and   shall   thereupon   have   its 

custody  in  the  same  manner  and  to  the  same  extent  as  if 

it  were  committed  thereto  under  the  provisions  of  section 

thirty-seven. 

SECTION  13.    The  mother  of  an  illegitimate  infant  under  Board  may 

.  .  .  ,  .  .    ,     care  for  certain 

two  years  01  age,  who  is  a  resident  or  this  commonwealth  illegitimate 

'     .  .       infants. 

and  who  has  previously  borne  a  good  character,  may,  in  1892-  318«  &  ^- 
writing  signed  by  her,  and  with  the  consent  of  said  state 
board  of  charity,  give  up  such  infant  to  said  board  for 
adoption;   and  said  state  board,  if  it  deems  such  action  for 
the  public  interest,   may,   in  its  discretion  and  on  such 
conditions  as  it  may  impose,  receive  such  infant  and  pro- 
vide therefor.    Such  surrender  by  the  mother  shall  operate 
as  a  consent  by  her  to  any  adoption  subsequently  ap- 
proved by  said  board. 
SECTION  14.    In  anv  prosecution  under  the  provisions  of  Relationship  & 

defence,  when,  j 

the  preceding  sections  of  this  chapter,  except  section  ten,  1892>  318>  §  2-  - 
a  defendant  who  relies  in  defence  upon  the  relationship  of 


104  MANUAL  OF  LAWS.  [CH.  83. 

any  of  said  infants  to  himself  shall  have  the  burden  of 
proof  thereof. 

rict  SECTION  15.  The  governor,  upon  the  written  recommen- 
'  dation  of  the  state  board  of  charity,  may  appoint  a  special 
i89s;  483!  district  police  officer  for  a  term  of  three  years,  who  shall  be 
subject  to  removal  at  any  time  by  the  governor,  shall 
serve  without  pay,  shall  have  and  exercise  throughout  the 
commonwealth  the  powers  of  a  district  police  officer  in  all 
cases  arising  under  the  provisions  of  this  chapter,  and, 
under  the  direction  of  said  board,  shall  cause  the  provi- 
sions of  this  chapter  to  be  enforced. 

For  like  provisions  relating  to  the  Massachusetts  Society  for  the 
Prevention  of  Cruelty  to  Children,  see  1903,  333. 

Stealth.  b°ard  SECTION  16.  Whoever  engages  in  the  business  of  taking 
p.7!'.  so?'  nursing  infants  or  infants  under  three  years  of  age  to 
board,  or  of  entertaining  or  boarding  more  than  two  such 
infants  in  the  same  house  at  the  same  time,  shall,  within 
two  days  after  the  reception  of  every  such  infant  other 
than  the  first  two,  give  notice  thereof  in  writing  to  the 
board  of  health  of  the  place  where  such  infant  is  to  be  so 
boarded,  stating  its  name  and  age  and  the  name  and 
residence  of  the  person  so  taking  it  to  board.  The  board 
of  health  may  enter  and  inspect  such  house  or  premises 
while  such  business  is  there  carried  on,  and  may  direct  and 
enforce  the  necessary  sanitary  precautions  relative  to  such 
children  and  premises.  Whoever  violates  the  provisions 
of  this  section  or  refuses  admission  to  the  board  of  health 
shall  be  punished  by  a  fine  of  not  less  than  fifty  nor  more 
than  five  hundred  dollars. 
bel£cCTtau«d.  SECTION  17.  Whoever  receives  an  infant  under  the  age 

18S9,  309,  §  2.  .         ,  ,  „  ,  „ 

i89i,  194.  of  three  years  for  board  or  lor  the  purpose  or  procuring 
adoption  shall  use  due  diligence  to  ascertain  whether  it  is 
illegitimate,  and  if  he  knows  or  has  reason  to  believe  that 
it  is,  he  shall  forthwith  notify  the  state  board  of  charity 
of  such  reception.  The  members,  officers  or  agents  of  said 
board  may  enter  and  inspect  any  building  where  they  have 


CH.83.]       PROTECTION  OF  INFANTS,  ETC.  105 

reason  to  believe  such  illegitimate  infant  is  boarded  and 
remove  it,  if  they  believe  that,  by  reason  of  neglect,  abuse 
or  other  cause,  its  removal  is  necessary  to  preserve  its  life. 
Such  infant  shall  be  in  the  custody  of  said  board  which 
shall  make  provision  therefor  according  to  law. 

SECTION  18.     Whoever  receives  an  infant  for  board  or  information 
for  the  purpose  of  procuring  adoption,  as  described  in  the  required. 
preceding  section,  and  its  parents  shall,  if  required  by  the  18$,  3os'  §  3. 

lot/l,  194. 

state  board  of  charity  or  its  officers,  give  true  answers,  so 
far  as  their  knowledge  extends,  as  to  the  parentage, 
residence  and  place  of  settlement  of  said  infant;  and  the 
parent  or  parents  of  such  child  shall,  if  required  by  the 
state  board  of  charity  or  the  overseers  of  the  poor  of  the 
city  or  town  in  which  the  person  receiving  said  infant 
resides,  give  satisfactory  security  to  said  board  or  over- 
seers for  its  maintenance. 

SECTION  19.    Whoever  violates  the  provisions  of  the  two  Penalties. 

jgB9   270   §  3 

preceding  sections  shall  be  punished  by  a  fine  of  not  more  ISSQ!  309!  §  4. 
than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  one  year. 

CARE  or  PAUPER  CHILDREN. 
SECTION  20.    The  overseers  of  the  poor  of  a  city  or  town  Custody  of 

,      ,  .,  111  PI  unsettled 

and  the  superintendent  and  board  of  trustees  of  the  state  infants. 

1883,  232,  §  3. 

hospital  shall  commit  any  indigent  or  neglected  infants  j^se,  101,  §  4. 
which  have  no  known  settlement  in  this  commonwealth  to  1898« 433>  §  24- 
the  custody  of  the  state  board  of  charity,  which  shall  pro- 
vide for  them  in  the  Massachusetts  Infant  Asylum  or  in 
5t.  Mary's  Infant  Asylum  or  in  a  family  or  other  suitable 
)lace,  as  it  deems  expedient  for  the  interests  of  the  child. 
SFCTION  21.     If  an  infant  which  has  no  known  settle-  Notice  to  state 

board  of 

lent  in  this  commonwealth  is  received  by  the  Massachu-  reception 

of  infants. 

setts  Infant  Asylum  or  St.  Mary's  Infant  Asylum,  agree-  ^87|  ^6>A^ 
ibly  to  the  provisions  of  their  charters,  except  as  provided  1883- 232>  §  2- 

the  preceding  section,  immediate  notice  of  such  recep- 
tion shall  be  given  in  wrriting  by  the  directors  of  said 
asylums  to  the  state  board  of  charity,  which  may  examine 


106 


MANUAL  OF  LAWS. 


[Cn.  83. 


Authority  of 
board  in  such 
cases. 

1870,  136,  §  2. 
P.  S.  86,  §  45. 

Provision  if 

asylums  are 

full. 

1880,  142,  §  1. 

P.  S.  86,  §  46. 

1882,  181,  §  1. 

1883,  232,  §  3. 


Expenses. 
1880,  142,  §  2. 
P.  S.  86,  §  47. 


the  case  and  remove  such  infant,  if  expedient.  The  ex- 
pense incurred  by  the  asylum  for  the  support  of  such 
infant,  after  the  bills  for  the  same  have  been  approved  by 
the  state  board,  shall  be  reimbursed  by  the  commonwealth 
to  an  amount  not  exceeding  four  dollars  a  week  for  each 
infant;  but  the  commonwealth  shall  be  under  no  obliga- 
tion to  reimburse  the  asylum  for  any  expense  incurred  for 
the  support  of  any  such  infant  for  a  period  of  more  than 
one  week  prior  to  the  giving  of  the  notice  herein  provided 
for. 

SECTION  22.  The  state  board  of  charity  shall  have  the 
same  authority  relative  to  any  such  infant  as  it  has  rela- 
tive to  infants  in  the  state  hospital. 

SECTION  23.  If  said  asylums  are  full  of  inmates,  or  if 
from  sickness  or  other  sufficient  cause  it  is  not  expedient 
to  receive  or  retain  an  infant  legally  committed  thereto 
who  is  a  state  pauper,  the  state  board  of  charity  shall  pro- 
vide for  such  infant  in  a  proper  family  or  other  suitable 
place,  under  the  constant  supervision  of  its  medical 
officers,  until  it  reaches  the  age  of  three  years  or  is  other- 
wise provided  for  by  the  state  board  of  charity. 

SECTION  24.  The  cost  of  maintaining  such  infant  shall 
be  paid  from  the  appropriation  for  the  support  of  infants 
having  no  known  settlement  in  the  commonwealth. 


Care  of  indigent  SECTION  25.  [Amended  by  1911,  490,  §  1.]  The  state  board  of  charity 
1882  TISI  §  2  shall  make  all  necessary  provision  for  the  care  and  maintenance  of  poor 
1886, 101,  §§  4, 5.  and  indigent  children  between  the  ages  of  three  and  sixteen  years  who  are 
1898*  433*  §  24  m  need  of  immediate  relief  and  who  have  no  lawful  settlement  in  this  com- 
monwealth. 

[1911,  490,  §1.] 

AN    ACT    RELATIVE    TO    THE    PROTECTION    OF    INFANTS    AND 
THE   CARE    OF   PAUPER   CHILDREN. 

SECTION  1.  Section  twenty-five  of  chapter  eighty-three 
of  the  Revised  Laws  is  hereby  amended  by  striking  out  the 
wrord  "sixteen",  in  the  third  line,  and  inserting  in  place 
thereof  the  words :  —  twenty-one,  —  so  as  to  read  as 
follows:  —  Section  25.  The  state  board  of  charity  shall 


CH.83.]       PROTECTION  OF  INFANTS,   ETC,  107 

make  all  necessary  provision  for  the  care  and  maintenance  state  board  to 
of  poor  and  indigent  children  between  the  ages  of  three  settedcSidren, 

6tC 

and  twenty-one  years  who  are  in  need  of  immediate  relief 
and  who  have  no  lawful  settlement  in  this  commonwealth. 
[Approved  May  27,  1911. 

CARE  OF  CHILDREN  UNDER  SEVEN  YEARS  OF  AGE. 
SECTION  26.     An  agent  of  the  state  board  of  charity,  Duties  of 

agents  of  state 

especially  authorized  thereto,  may  enter  without  actual  board  as  to 

infants  under 

force  any  building  or  room  in  which  such  agent  has  reason  ^en  years  of 
to  believe  that  a  child  under  the  age  of  seven  years  is  1900' 254>  §  L 
sheltered  or  maintained  apart  from  his  parents  and  is  not 
receiving  proper  care.  The  agent  shall  investigate  the  case 
and  make  report  to  the  superintendent  of  state  minor 
wards  or  other  designated  officer  of  the  board,  and  such 
officer  may,  if  he  considers  such  removal  necessary  for  the 
protection  of  the  child  from  neglect  or  abuse,  cause  such 
child,  if  he  is  not  under  the  personal  care  of  a  parent  or 
guardian,  to  be  removed  to  the  custody  of  the  board.  An 
agent  who  is  refused  such  entry  or  who  is  hindered  in  the 
removal  of  such  child  may  make  complaint  on  oath  to  a 
justice  of  a  court  of  record,  who  may  thereupon  issue  a 
warrant  authorizing  him  to  obtain  sufficient  aid  and  at  any 
reasonable  time  to  enter  the  building  designated,  and 
every  part  thereof,  for  the  purpose  of  investigating  the 
treatment  and  condition  of  the  child  or  children  found 
there,  and  to  remove  all  or  any  of  such  children  as  herein 
provided. 

SECTION  27.    The  agent  shall  forthwith  notify  the  state  —of  board. 

,       „      T  »   ,  .        i     .  ill,,  1900,  254,  §§  2-4 . 

board  or  charity  01  his  doings,  and  the  board  shall  there- 
upon decide  whether  to  retain  such  child  in  its  custody  or 
to  restore  him  to  his  parent  or  guardian  or  to  the -pi  ace 
from  which  he  was  removed.  It  shall  have,  as  to  a  child 
so  retained,  the  powers  and  duties  which  it  has  as  to 
neglected  children  committed  to  its  custody  by  the  courts. 
But  the  board,  unless  within  a  reasonable  time  it  secures 
the  commitment  of  such  child,  under  the  provisions  of 


108 


MANUAL  OF  LAWS. 


[Cn.  83. 


Penalty. 
1900,  254,  §  5. 


Massachusetts 
Society  for 
Prevention  of 
Cruelty  to 
Children  may 
be  appointed 
guardian. 
1879,  179,  §  1. 
P.  S.  48,  §  22. 


—  may  receive 
children  under 
fourteen  years 
from  parents. 
1879,  179,  §  2. 
P.  S.  48,  §  23. 


section  thirty-seven,  shall,  upon  request,  discharge  such 
child  to  his  legal  guardian,  and  if  he  has  no  guardian  then 
to  his  father,  and  if  he  has  no  father  then  to  his  mother. 
The  board  may  notify  the  person  from  whose  care  or 
custody  a  child  has  been  taken  under  the  provisions  of  the 
preceding  section  that  no  child  of  which  he  is  not  the  legal 
guardian  shall,  without  a  permit  from  the  board,  be  re- 
ceived or  maintained  by  him.  The  board  shall  apply  to 
the  probate  court  for  the  removal  of  the  guardian  of  any 
child  under  seven  years  of  age  who  is  unsuitable  for  his 
trust. 

SECTION  28.  Whoever  obstructs  or  hinders  the  state 
board  of  charity  or  its  officers  or  agents  in  the  execution 
of  the  duties  and  powers  imposed  or  conferred  by  the  pro- 
visions of  the  two  preceding  sections  or,  after  notice  as 
aforesaid,  receives  a  child  without  having  a  permit  there- 
for shall  be  punished  by  a  fine  of  not  more  than  one  hun- 
dred dollars  for  the  first  offence,  and  by  a  fine  of  not  more 
than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  six  months  for  a  subsequent  offence. 

CARE  or  DESTITUTE  AND  ABANDONED   CHILDREN. 

SECTION  29.  If  it  appears  to  the  judge  of  probate  of 
any  county  that  a  minor  under  fourteen  years  of  age 
resident  therein  is  without  a  guardian,  and  is  entirely 
abandoned,  or  is  treated  with  gross  and  habitual  cruelty 
by  his  parent  or  other  person  who  has  the  care  or  custody 
of  him,  or  that  he  is  illegally  deprived  of  his  liberty,  he 
may  for  such  period  as  he  sees  fit,  appoint  the  Massachu- 
setts Society  for  the  Prevention  of  Cruelty  to  Children  as 
his  guardian,  and  may,  at  any  time,  for  good  cause,  revoke 
such  appointment.  Said  society,  upon  such  appointment, 
shall  be  entitled  to  the  exclusive  custody  of  said  child,  but 
shall  not  be  entitled  to  the  management  of  his  property. 

SECTION  30.  The  parents,  surviving  parent  or  guardian 
of  a  child  under  fourteen  years  of  age,  if  unable  to  support 
him,  may  by  an  agreement  in  writing,  fixing  the  terms  of 


CH.83.J       PROTECTION  OF  INFANTS,  ETC.  109 

the  custody,  place  him  in  the  charge  of  said  society,  which 
shall  thereupon  have  custody  of  him  as  provided  in  the 
preceding  section. 

SECTION  31.    A  judge  of  anv  court,  upon  the  complaint  Custody  of  de- 

J  '  r  serted  children. 

of  said  society  that  a  child  under  five  years  of  age  has  ^87|-  ^9iA|- 
been  abandoned  and  deserted  in  a  public  way  or  place,  or 
in  a  vacant  building,  may  give  the  custody  of  such  child 
to  said  society  for  not  more  than  thirty  days.  The  society 
shall  thereupon  give  such  notice  thereof,  as  the  judge 
may  order,  by  advertisement  in  a  newspaper  published  in 
the  county  where  such  child  is  found;  and  such  child,  if 
claimed  by  its  parents,  parent  or  guardian,  may  be  re- 
turned to  them  by  said  judge. 

SECTION  32.    Said  society  shall  not  be  obliged  to  receive  Not  obliged  to 

i'ii  •   •  i>       i  I  T         receive  child. 

any   child   under   the   provisions   of  the   three   preceding  1879-  "9,  §  4. 
sections.  p- s- 48-  § 23- 

SECTION  33.    In  Hampden  county,  the  provisions  of  the  Hampden 
four  preceding  sections  shall  in  all  respects  be  applicable  children's  Aid 

r  a  ...  Association. 

to  the  Hampden  County  Children's  Aid  Association.  1880,231. 

P.  S.  48,  §  26. 

SECTION  34.    The  five  preceding  sections  shall  not  affect  Powers  of  board 

.  °i  charity. 

the  powers  of  the  state  board  of  charity. 

1880,  231.  P.    S.  48,  §  27. 

SECTION  35.  If  the  parent  or  guardian  of  a  minor  child,  SsSd" 
who  is  indentured  or  placed  in  charge  of  any  person  or  Eow^ured! ltf 
association  or  of  a  public  or  private  institution  by  any 
state,  city  or  town  board  or  by  any  public  or  private  cor- 
poration or  body  of  persons  authorized  by  law  to  indenture 
or  so  place  minor  children,  or  if  one  of  the  next  of  kin  of 
an  orphan  so  indentured  or  placed  in  charge  and  without 
guardian,  is  not,  upon  request,  informed  by  such  board, 
corporation  or  body  of  persons  where  the  child  is,  the  pro- 
bate court  for  the  county  in  which  such  child  has  its  legal 
residence  may,  upon  petition  of  such  parent,  guardian  or 
next  of  kin  and  upon  notice,  if  in  its  opinion  the  welfare 
of  the  child  and  the  public  interests  will  not  be  injured 
thereby,  require  such  board,  corporation  or  body  of  per- 


110 


MANUAL  OF  LAWS. 


Support  by 
1900  39?F§  1 


Commitment 

1866,  283,  §  3. 

1882  181  JJ3  4 
1886,  330. 

1893'  252*     1 
1894]  498,  §  28. 

580  $426'        ' 
1900,  397, 

141  Mass  203 


sons  to  give  the  information  and  permit  the  parent, 
guardian  or  next  of  kin  to  visit  the  child  at  such  time  or 
times  and  under  such  conditions  as  the  court  shall  order; 
and  the  court  may  revise  its  order  or  make  new  orders  or 
decrees  upon  the  petition  as  the  welfare  of  the  child  and 
the  public  interests  may  require. 

CARE  OF  CHILDREN  UNDER  SIXTEEN  YEARS  OF  AGE. 

SECTION  36.  [Amended  by  1911,  490,  §  2.]  The  state  board  of  charity 
may.  m  its  discretion,  upon  the  written  application  of  the  parent  or 
guardian,  or,  if  there  is  no  parent  or  guardian,  of  a  friend,  of  a  child  under 
the  age  of  sixteen  years  who  is  dependent  upon  public  charity,  or  upon 
written  application  of  the  overseers  of  the  poor  of  the  city  or  town  in  which 
such  child  is  found,  provide  for  his  maintenance. 

[1911,  490,  §  2.] 

SECTION  2.  Section  thirty-six  of  said  chapter  eighty- 
three  is  hereby  amended  by  striking  out  the  word  "six- 
teen", in  the  third  and  fourth  lines,  and  inserting  in  place 
thereof  the  word  :  —  twenty-one,  —  so  as  to  read  as  fol- 
lows :  —  Section  36.  The  state  board  of  charity  may,  in 
its  discretion,  upon  the  written  application  of  the  parent 
or  guardian,  or,  if  there  is  no  parent  or  guardian,  of  a 
friend,  of  a  child  under  the  age  of  twenty-one  years  who  is 
dependent  upon  public  charity,  or  upon  written  applica- 
tion of  the  overseers  of  the  poor  of  the  city  or  town  in 
which  such  child  is  found,  provide  for  his  maintenance. 
[Approved  May  27,  1911. 

For  schooling  and  tuition  of  State  minor  wards,  see  R.  L.  44, 
p.  12,  supra. 

SECTION  37.  [Repealed  by  1903,  834,  infra.]  A  police,  district  or 
municipal  court  or  a  trial  justice,  upon  complaint  that  any  child  under 
sixteen  years  of  age  within  its  or  his  jurisdiction,  by  reason  of  orphanage 
or  °^  *ke  neglect,  crime  or  drunkenness  or  other  vice  of  his  parents,  is  grow- 
ing  up  without  education  or  salutary  control  and  in  circumstances  exposing 
mm  *°  ^ea(*  an  *^e  anc^  dissolute  life,  or  is  deperdent  upon  public  charity, 
shall  issue  a  summons  requiring  the  person  to  whom  it  is  directed  to  appear 
a*  *ke  tmle  and  place  stated  in  the  summons  and  show  cause  why  such 
child  should  not  be  committed  as  hereinafter  provided.  Such  summons 
shall  be  directed  to  the  father  of  the  child,  if  living  and  resident  within 
the  commonwealth,  and  if  not,  to  the  mother  of  the  child  if  living  and 


CH.83.]       PROTECTION  OF  INFANTS,  ETC,  111 

resident  within  the  commonwealth ;  if  there  is  no  parent  living  and  resident,  152  Mass.  432. 
to  the  legal  guardian  of  the  child,  and  if  there  is  none,  to  the  person  with 
whom,  according  to  the  statement  of  the  child,  he  resides;  if  there  is  no 
such  person,  to  some  suitable  person  to  act  in  behalf  of  such  child;  and  a 
notice  of  the  hearing  shall  be  sent  to  the  state  board  of  charity.  The  court 
or  magistrate  may  commit  the  child,  whether  he  has  or  has  not  a  settle- 
ment, to  the  custody  of  said  board  until  he  is  twenty-one  years  of  ag,e  or 
for  a  less  time,  and  said  board  shall  provide  for  the  care  and  maintenance 
of  the  child  without  expense  to  the  city  or  town  of  his  settlement  and  may 
discharge  the  child  from  its  custody  whenever  the  object  of  his  commit- 
ment has  been  accomplished.  If  such  child  has  a  settlement  and  if  the 
overseers  of  the  poor  of  the  place  of  his  settlement  so  request,  the  commit- 
ment shall  be  to  their  custody.  The  state  board  shall  transfer  its  custody 
of  any  such  child,  who  has  a  settlement,  to  the  overseers  of  the  poor  of 
the  place  of  settlement  upon  their  request,  and  such  transfer  shall  there- 
after relieve  the  commonwealth  from  further  liability  for  his  maintenance. 
The  overseers  of  the  poor  shall  have  the  same  powers  as  to  children  com- 
mitted or  transferred  to  their  custody  as  are  given  to  the  state  board  as  to 
children  in  its  custody  and,  in  the  city  of  Boston,  the  trustees  for  children 
shall  have  the  powers  and  duties  conferred  by  the  provisions  of  this  and  the 
preceding  section  upon  the  overseers  of  the  poor. l 

SECTION  38.     [Repealed  by  1903,  334,  infra.]     The  child,  parent,  guard-  Appeal, 
ian  or  person  appearing  in  behalf  of  such  child,  and  the  state  board  of  charity         '       '  *    ' 
may  appeal  from  the  order  of  the  court  or  justice  to  the  superior  court 
sitting  for  civil  business  for  the  county  within  which  the  hearing  is  held, 
and  if  said  parent,  guardian  or  other  person  appearing  on  behalf  of  such 
child  fails  to  furnish  such  bail  as  may  be  required  by  the  court  or  justice 
before  whom  such  hearing  is  held,  such  child  shall  be  committed  to  the 
custody  of  the  state  board  of  charity  pending  the  determination  of  the 
appeal. 

1  "This  is  not  a  penal  statute,  and  the  commitment  to  the  public  officers  is  not 
in  the  nature  of  punishment.  It  does  not  punish  the  infant  by  confinement,  nor  de- 
prive him  of  his  liberty;  it  only  recognizes  and  regulates,  as  in  providing  for  guardian- 
ship and  apprenticeship,  the  parental  custody  which  is  an  incident  of  infancy. "  Allen, 
J.,  in  Farnham  v.  Pierce  (1886),  141  Mass.  203,  at  204.  "The  inability  or  failure  of 
the  parent  to  furnish  the  relief  is  intended  to  show  the  need  of  the  child,  not  to  be 
the  basis  of  a  decree  against  the  parent."  Idem.,  p.  205.  Consequently  its  commit- 
ment is  evidence  of  the  condition  of  the  child,  as  in  need  of  restraint  on  account  of 
the  neglect  of  the  parent,  at  the  time  of  the  commitment,  and  is  not  binding  upon  the 
father  as  an  adjudication  upon  his  rights.  He  has  the  right  upon  a  petition  for  a 
writ  of  habeas  corpus  to  show  that  the  cause  stated  for  the  commitment  does  not  now 
exist;  that  he  is  competent  and  fit  to  have  the  care  of  his  child,  and  that  the  welfare 
of  the  child  will  permit  of  its  removal  from  custody.  Idem.  And  this  right  in  the 
parent  is  not  impaired  by  statutory  amendments  providing  notice  to  the  parents. 
Kelley,  petitioner  (1890),  152  Mass.  432.  But  see  dissenting  opinion  of  Knowlton, 
J.,  concurred  in  by  Devens  and  Holmes,  JJ.,  idem.  Sed  quaere,  whether  under  the 
law  as  it  stands  since  the  amendments  in  1903,  334,  and  1909,  181,  incorporating 
provisions  as  to  notice  and  appeal,  such  a  petition  for  a  writ  of  habeas  corpus  would 
lie.  See  Wares,  petitioner  (1894),  161  Mfess.  70,  in  which  such  a  petition  was  denied 
where  it  appeared  that  the  custodial  authorities  had  given  full  and  regular  hearing  to 
the  petitioner,  and  in  which  no  error  of  law  or  neglect  or  unfaithfulness  in  the  dis- 
charge of  their  duty  by  the  said  authorities  was  alleged.  For  distinction  between 
neglected  and  pauper  children,  and  the  interpretation  of  §  37  as  distinguished  from 
§  36,  see  Commonwealth  v.  Dee,  Sup.  Jud.  Ct.,  Worcester,  Oct.  term,  1915;  case 
No.  3. 


112 


MANUAL  OF  LAWS. 


[Cn.  83. 


Certain  children 
may  be  taken 
in  custody,  etc., 


[1903,  334.] 

AN    ACT    TO    PROVIDE    FOR    THE    CARE    OF    NEGLECTED    CHILDREN. 

SECTION  1.  [Amended  by  1909,  181,  infra.]  A  police,  district  or  mu- 
nicipal court  or  a  trial  justice,  upon  a  complaint  made  by  any  person  that 
any  child  under  sixteen  years  of  age  within  its  or  his  jurisdiction,  by  reason 
of  orphanage  or  of  the  neglect,  crime  or  drunkenness,  or  other  vice  of  its 
parents,  is  growing  up  without  education  or  without  salutary  control,  or 
in  circumstances  exposing  him  to  lead  an  idle  and  dissolute  life,  or  is  de- 
pendent upon  public  charity,  may  issue  a  precept  to  bring  such  child  before 
said  court  or  trial  justice,  and  shall  issue  a  notice  to  the  state  board  of 
charity  and  shall  also  issue  a  summons  requiring  the  board  or  person  to 
whom  such  notice  or  summons  is  directed  to  appear  before  said  court 
or  trial  justice  at  the  time  and  place  stated  in  the  notice  and  summons,  to 
show  cause  why  such  child  should  not  be  committed  to  the  state  board  of 
charity,  or  be  otherwise  provided  for.  Such  summons  shall  be  directed  to 
the  father  of  the  child,  if  living  and  resident  within  the  commonwealth;  if 
not,  to  the  mother  of  the  child,  if  living  and  resident  within  the  common- 
wealth ;  if  there  be  no  parent  living  and  resident  within  the  commonwealth, 
to  the  legal  guardian  of  such  child;  if  there  be  no  legal  guardian,  to  the 
person  with  whom  such  child  last  resided;  if  there  be  no  father,  mother, 
guardian  or  person  as  aforesaid,  to  some  suitable  person  to  act  in  behalf 
of  such  child. 

[1909,  181.] 

AN  ACT  RELATIVE  TO  THE  CARE  OF  NEGLECTED  CHILDREN. 

SECTION  1.  Section  one  of  chapter  three  hundred  and 
thirty-four  of  the  acts  of  the  year  nineteen  hundred  and 
three  is  hereby  amended  by  inserting  after  the  word 
"crime",  in  the  fifth  line,  the  words:  —  cruelty,  insanity, 
—  by  inserting  after  the  word  "control",  in  the  sixth  and 
seventh  lines,  the  words :  —  or  without  proper  physical 
care,  —  and  by  striking  out  all  after  and  including  the 
word  "such",  in  the  seventeenth  line,  and  inserting  in 
place  thereof  the  words :  —  Such  summons  shall  be  issued 
to  at  least  one  of  the  parents  of  the  child,  if  either  of  them 
is  known  to  reside  within  the  commonwealth,  and,  if  after 
reasonable  search  no  such  parent  can  be  found  within  the 
commonwealth,  then  to  its  lawful  guardian,  if  there  is  one 
known  to  be  so  resident,  and  if  not,  then  to  the  person 
with  whom  such  child  last  resided,  if  known;  if  there  be 
no  father,  mother,  guardian,  or  person  as  aforesaid,  to 
some  suitable  person  to  act  in  behalf  of  such  child,  —  so 
Certain  children  as  to  read  ES  f  ollows :  —  Section  1.  A  police,  district  or 

may  be  taken  ...  .    ,    .         .  ,    .  -> 

in  custody,  etc.  municipal  court  or  a  trial  justice,  upon  a  complaint  made 


1903,  334,  §  1, 
etc.,  amended. 


CH.83.]       PROTECTION  OF  INFANTS,  ETC.  113 

by  any  person  that  any  child  under  sixteen  years  of  age 
within  its  or  his  jurisdiction,  by  reason  of  orphanage  or  of 
the  neglect,  crime,  cruelty,  insanity  or  drunkenness,  or 
other  vice  of  its  parents,  is  growing  up  without  education 
or  without  salutary  control,  or  without  proper  physical 
care,  or  in  circumstances  exposing  him  to  lead  an  idle  and 
dissolute  life,  or  is  dependent  upon  public  charity,  may 
issue  a  precept  to  bring  such  child  before  said  court  or 
trial  justice,  and  shall  issue  a  notice  to  the  state  board  of 
charity  and  shall  also  issue  a  summons  requiring  the  board 
or  person  to  whom  such  notice  or  summons  is  directed  to 
appear  before  said  court  or  trial  justice  at  the  time  and 
place  stated  in  the  notice  and  summons,  to  show  cause 
why  such  child  should  not  be  committed  to  the  state 
board  of  charity,  or  be  otherwise  provided  for.  Such 
summons  shall  be  issued  to  at  least  one  of  the  parents  of 
the  child,  if  either  of  them  is  known  to  reside  within  the 
commonwealth,  and,  if  after  reasonable  search  no  such 
parent  can  be  found  within  the  commonwealth,  then  to  its 
lawful  guardian,  if  there  is  one  known  to  be  so  resident, 
and  if  not,  then  to  the  person  with  whom  such  child  last 
resided,  if  known;  if  there  be  no  father,  mother,  guardian, 
or  person  as  aforesaid,  to  some  suitable  person  to  act  in 
behalf  of  such  child. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  18,  1909. 


SECTION  2.    When  such  child  is  taken  in  custody  upon  Complaint 

may  be  con- 

said  precept  and  is  brought  before  said  court  or  trial  tmued,  etc. 
justice,  it  or  he  may  then  hear  said  complaint,  or  said 
complaint  may  be  continued  to  a  time  fixed  by  said  court 
or  trial  justice  for  hearing,  and  said  court  or  trial  justice 
may  allow  the  child  to  be  placed  in  the  care  of  some 
suitable  person  or  charitable  corporation  upon  his  or  its 
furnishing  s\trety  for  the  further  appearance  of  said  child; 
or  the  child  may  be  committed  to  the  custody  of  said  state 


114  MANUAL  OF  LAWS.  [CH.  83. 

board  until  surety  is  furnished,  pending  a  hearing  on  said 
complaint. 

As  to  who  may  act  as  counsel,  see  1912,  165,  p.  126,  infra.  For 
continuances,  see  1913,  457,  p.  225,  infra. 

commitment,        SECTION  3.    If  at  the  hearing  by  said  court  or  trial  justice 

etc.,  of  neg- 

upon  said  complaint  the  child  is  before  said  court  or  trial 
justice,  and  it  appears  that  said  summons  has  been  duly 
and  legally  served  upon  some  person  mentioned  as  afore- 
said, and  that  said  notice  has  been  issued  to  said  state 
board,  the  court  or  trial  justice,  if  it  or  he  finds  the 
allegations  in  said  complaint  to  be  proven,  may  further 
continue  said  complaint  and  may  allow  the  child  to  be 
placed  in  the  care  of  some  suitable  person  or  charitable 
corporation  upon  his  or  its  furnishing  surety  for  the 
further  appearance  of  the  child  before  said  court  or  trial 
justice  whenever  said  court  or  trial  justice  may  require; 
and  said  court  or  trial  justice  may  make  such  further 
orders  with  reference  to  the  care  and  custody  of  the  child 
as  may  conduce  to  the  best  interests  of  the  child;  or  said 
court  or  trial  justice  may  commit  the  child  to  the  custody 
of  the  state  board  of  charity  until  he  attains  the  age  of 
twenty-one  years,  or  for  a  less  time;  and  said  board  may 
discharge  said  child  from  its  custody  whenever  the  object 
of  its  commitment  has  been  accomplished.1 

For  provisions  relating  to  schooling  and  tuition  of  State  minor 
wards,  see  R.  L.  44,  p.  12,  supra. 

SECTION  4.  If  such  child  has  a  settlement,  and  if  the 
overseers  of  the  poor  of  the  place  of  his  settlement  so 
request,  the  commitment  may  be  to  their  custody.  The 
state  board  of  charity  may,  in  its  discretion,  transfer  its 

1  Parents  have  no  inherent  property  right  in  their  minor  children  of  which  they 
can  in  no  way  be  deprived  without  their  consent,  and  though  they  are  the  natural 
guardians  of  their  children,  and  entitled  to  their  custody,  with  the  right  to  appropriate 
their  earnings,  and  may  recover  damages  for  any  interference  with  then-  rights  by  a 
wrong-doer,  this  right  is  not  an  absolute  and  uncontrollable  one,  and  will  not  be  en- 
forced to  the  detriment  or  destruction  of  the  happiness  and  well-being  of  the  child. 
Purinlon  v.  Jamrock  (1907),  195  Mass.  187. 


Cn.83.]       PROTECTION  OF  INFANTS,   ETC.  115 

custody  of  any  such  child  who  has  a  settlement,  to  the 
overseers  of  the  poor  of  the  place  of  settlement,  upon  their 
request,  and  such  transfer  shall  thereafter  relieve  the  com- 
monwealth from  further  liability  for  his  maintenance. 

SECTION  5.     The  overseers  of  the  poor  shall  have  the  Powers  and 

i'ii  -i  F  duties  of 

same  powers  as  to  children  committed  or  transferred  to  overseers  of 

the  poor,  etc. 

their  custody  as  are  given  to  the  state  board  as  to  chil- 
dren in  its  custody;  and  in  the  city  of  Boston  the  trustees 
for  children  shall  have  the  powers  and  duties  conferred  by 
the  provisions  of  this  and  the  preceding  section  upon  the 
overseers  of  the  poor. 

SECTION  6.     The  child,  parent,  guardian  or  person  ap-  Appeal  may 

.  be  made  from 

peanng  in  behalf  of  such  child,  or  the  state  board  of  °^r  of  court- 
charity,  may  appeal  from  the  order  of  the  court  or  justice 
to  the  superior  court  sitting  for  civil  business  for  the 
county  within  which  the  hearing  is  held,  and  if  said 
parent,  guardian  or  other  person  appearing  on  behalf  of 
the  child  fails  to  furnish  such  bail  as  may  be  required  by 
the  court  or  justice  before  whom  such  hearing  is  held,  the 
child  may  be  committed  to  the  custody  of  the  state  board 
of  charity,  or  placed  in  the  care  of  some  suitable  person  or 
charitable  corporation,  pending  the  determination  of  the 
appeal.  Such  appeal  shall  be  entered  in  said  superior 
court  by  the  court  or  justice  from  which  or  from  whom  the 
appeal  is  taken,  without  the  payment  of  an  entry  fee,  and 
the  superior  court  may,  in  its  discretion,  advance  such 
complaint  for  speedy  trial. 

SECTION  7.  Sections  thirty-seven  and  thirty-eight  of 
chapter  eighty-three  of  the  Revised  Laws  are  hereby 
repealed. 

SECTION  8.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  8,  1903. 

For  provisions  as  to  witness  fees  in  cases  arising  under  this 
chapter,  see  1907,  158,  p.  197,  infra. 

For  additional  provision  regarding  the  right  of  appeal  in  cases 
arising  under  this  chapter,  see  1911,  175,  infra. 


116 


MANUAL  OF  LAWS. 


[Cn.  83. 


Notice  of  right 
of  appeal,  etc. 


[1911,  175.] 

AN  ACT  TO  PROVIDE  FOR  NOTICE  OF  THE  RIGHT  OF  APPEAL 
IN   THE   CASE    OF   CHILDREN   ADJUDGED   NEGLECTED. 

Whenever  any  child  is  adjudged  a  neglected  child  under 
the  provisions  of  chapter  three  hundred  and  thirty-four  of 
the  acts  of  the  year  nineteen  hundred  and  three  and  of 
acts  in  amendment  thereof,  the  court  or  justice  making 
the  adjudication  shall  notify  the  child,  parent,  guardian  or 
person  appearing  in  behalf  of  such  child  of  the  right  of 
appeal  to  the  superior  court  which  is  provided  for  by 
section  six  of  said  chapter  three  hundred  and  thirty-four. 
[Approved  March  22,  1911. 


i9oo,  397?  §"4." 


SECTION  39.  Such  children  in  the  care  or  custody  of  the 
state  board  shall  be  placed  in  private  families;  but  in  case 
of  illness  or  change  of  place  or  while  awaiting  trial  they 
may  be  placed  in  any  suitable  institution. 


Search  to  be 
made  by  cities 
and  towns  for 
indigent  and 
neglected 
children. 


Temporary 
care  to  be 
provided. 


ADDITIONAL   LEGISLATION. 

[1904,  356.] 

AN    ACT    RELATIVE    TO    THE    CARE    OF    INDIGENT    AND    NEG- 
LECTED   CHILDREN. 

SECTION  1.  It  shall  be  the  duty  of  truant  officers  in 
cities  and  of  the  overseers  of  the  poor  in  towns,  as  often  as 
may  be  deemed  necessary  by  them,  to  make  diligent  search 
throughout  their  respective  cities  and  towns  for  children 
under  the  age  of  sixteen  who  are  suffering  want  through 
poverty,  privation  or  from  the  neglect  of  their  parents  or 
guardians,  or  of  any  other  persons  having  them  in  charge, 
or  from  any  cause  whatsoever. 

SECTION  2.  Where  such  children  are  found  without  par- 
ents or  guardians  or  in  charge  of  such  parents  or  guardians 
as  in  the  judgment  of  the  officers  or  overseers  aforesaid  are 
unfit  to  care  for  children  by  reason  of  mental  incapacity, 


cn.83.]       PROTECTION  OF  INFANTS,  ETC.  117 

dissolute  habits  or  poverty,  it  shall  be  the  duty  of  the 
officers  and  overseers  aforesaid  to  provide  for  the  tempo- 
rary care  of  such  children,  until  proceedings  may  be  had 
against  them  if  necessary,  according  to  the  provisions  of 
chapter  three  hundred  and  thirty-four  of  the  acts  of  the 
year  nineteen  hundred  and  three. 

SECTION  3.  Reasonable  expenses  incurred  by  the  officers  Payment  of 
and  overseers  aforesaid  in  furnishing  aid  as  provided  by 
this  act  shall  be  paid  by  the  city  or  town  wherein  the  per- 
sons have  legal  settlements,  and,  if  they  are  without 
settlement,  by  the  commonwealth,  after  approval  by  the 
state  board  of  charity;  and  notice  in  writing  shall  be  sent 
to  the  place  of  settlement  or,  if  such  persons  are  unsettled, 
to  the  state  board  of  charity  as  is  otherwise  provided  by 
law. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  20,  1904. 

For  duties  of  attendance  officers  with  regard  to  children  falling 
within  the  provisions  of  this  act,  see  1913,  779,  §  12. 

[1905,  464.] 

AN  ACT  RELATIVE  TO  THE  PROTECTION  OF  MINORS  IN  THE 
RELIGIOUS  BELIEF  OF  THEIR  PARENTS,  WHEN  SUCH 
MINORS  ARE  WARDS  OF  THE  COMMONWEALTH. 

SECTION   1.     No  parents,   or  surviving  parent,  of  any  Protection  of 

.  i   -i  i     •          i  11  •«  01        minor  wards  of 

minor  child  in  the  care  or  under  the  supervision  or  the  the  common- 
wealth in  the 
state  board  of  charity,  or  of  any  state  commission,  or  of  reiifi°us  belief 

of  their  parents. 

any  state  board  of  trustees,  shall  be  denied  the  right  of 
any  child  of  theirs  to  the  free  exercise  of  the  religious 
belief  of  his  parents  and  the  liberty  of  worshipping  God 
according  to  the  religion  of  his  parents,  or  surviving  parent, 
or  of  the  religion  which  his  parents  professed,  if  they  are 
both  deceased;  and  no  minor  child  in  the  care,  or  under 
the  supervision  of  any  state  board  of  charity,  or  of  any 
state  commission,  or  state  board  of  trustees,  shall  be 
denied  the  free  exercise  of  the  religion  of  his  parents,  or  of 
his  surviving  parent,  or  of  his  parents  if  they  are  both 


118  MANUAL  OF  LAWS.  [CH.  83. 

deceased,  nor  the  liberty  of  worshipping  God  according  to 
the  religion  of  his  parents,  whether  living  or  deceased. 
Repeal.  SECTION  2.    All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed.    [Approved  May  25,  1905. 

For  separate  itemization  of  estimates  and  expenditures  for  re- 
ligious services  in  institutions,  see  1912,  562. 

[1906,  501.] 

AN    ACT    RELATIVE    TO    THE    SUPPORT    OF    WIVES    AND    MINOR    CHILDREN. 

Penalty  for  SECTION  1.     [Amended    by    1909,    180,    infra.]     Whoever   unreasonably 

provide^or          neglects  to  provide  for  the  support  of  his  wife  or  minor  child  or  minor 

support  of  children,  or  who  actually  abandons  his  wife  or  minor  child  or  minor  children 

chifd°^tcinC        without  adequate  support,  or  leaves  them  in  danger  of  becoming  a  burden 

upon  the  public,  shall  be  punished  by  a  fine  of  not  more  than  one  hundred 

dollars  or  by  imprisonment  for  not  more  than  six  months.     Proof  of  neglect 

to  provide  for  the  support  of  wife  or  minor  child  shall  be  prima  facie  proof 

that  such  neglect  is  unreasonable. l 

[1909,  180.] 

AN  ACT  EELATIVE  TO  THE   SUPPORT   OF  WIVES  AND   MINOR 

CHILDREN. 

etc6' winded  Section  one  of  chapter  five  hundred  and  one  of  the  acts 
of  the  year  nineteen  hundred  and  six  is  hereby  amended  by 
striking  out  the  words  "  Whoever  unreasonably  neglects  to 
provide  for  the  support  of  his  wife  or  minor  child  or  minor 
children,  or  who  actually  abandons  his  wife  or  minor  child 
or  minor  children  without  adequate  support,  or  leaves 
them  in  danger  of  becoming  a  burden  upon  the  public," 
in  the  first  to  the  fifth  line,  inclusive,  and  inserting  in 
place  thereof  the  words :  —  Any  person,  who,  being  under 
a  legal  duty  to  provide  for  the  support  of  his  wife  or  of  his 
or  her  minor  child  or  children,  unreasonably  neglects  to 
provide  suitable  support,  or  abandons  or  leaves  them  or 

1  "While  one  of  the  objects  of  the  statute  is  doubtless  to  prevent  wives  and  children 
from  becoming  a  charge  upon  the  public  for  their  support,  this  is  not  its  chief  object. 
The  higher  and  more  important  purpose  of  the  legislature  in  passing  the  law  was  to 
provide  directly  for  neglected  wives  and  children,  and  to  punish  the  infliction  of  this 
kind  of  wrong  upon  them,  and,  by  the  fear  of  punishment,  to  deter  husbands  and 
fathers  from  leaving  then-  families  to  endure  privation."  Knowlton,  C.J.,  in  Com- 
monwealth v.  Acker  (1908),  197  Mass.  191,  193.  Consequently  a  father  may  be  found 
guilty  of  neglect  under  the  provisions  of  1906,  501,  even  though  his  child  the  neglect 
of  which  is  charged  is  beyond  the  jurisdiction  and  has  never  been  within  the  Com- 
monwealth. Idem. 


CH.83J       PROTECTION  OF  INFANTS,  ETC.  119 

any  or  either  of  them  in  danger  of  becoming  a  burden  upon 
the  public,  or  any  parent,  whether  father  or  mother,  whose 
minor  child,  by  reason  of  the  neglect,  cruelty,  drunkenness, 
habits  of  crime,  or  other  vice  of  such  parent,  is  growing 
up  without  education  or  without  salutary  control,  or  with- 
out proper  physical  care,  or  in  circumstances  exposing  him 
to  lead  an  idle  and  dissolute  life,  —  so  as  to  read  as  fol- 
lows :  —  Section  1 .  Any  person  who,  being  under  a  legal  Penalty  for 

neglect  to  pro- 

duty  to  provide  for  the  support  of  his  wife  or  of  his  or  her  ^  § T^v~OT 

minor  child  or  children,  unreasonably  neglects  to  provide  ££°or  child> 

suitable  support,  or  abandons  or  leaves  them  or  any  or  either 

of  them  in  danger  of  becoming  a  burden  upon  the  public,  or 

any  parent,  whether  father  or  mother,  whose  minor  child, 

by  reason  of  the  neglect,  cruelty,  drunkenness,  habits  of 

crime,  or  other  vice  of  such  parent,  is  growing  up  without 

education  or  without  salutary  control,  or  without  proper 

physical  care,  or  in  circumstances  exposing  him  to  lead  an 

idle  and  dissolute  life,  shall  be  punished  by  a  fine  of  not 

more  than  one  hundred  dollars  or  by  imprisonment  for  not 

more  than  six  months.    Proof  of  neglect  to  provide  for  the 

support  of  wife  or  minor  child  shall  be  prima  facie  proof 

that  such  neglect  is  unreasonable.     [Approved  March  18, 

1909. 


SECTION  2.     All  fines  imposed  under  the  provisions  of  Disposition  of 

fines,  etc. 

the  foregoing  section  may,  in  the  discretion  of  the  court, 
be  ordered  to  be  paid  in  whole  or  in  part  to  the  wife  or  to 
the  city,  town,  corporation,  society  or  person  actually  sup- 
porting the  wife  or  minor  child  at  the  time  the  sentence  is 
imposed,  or  to  the  treasurer  of  the  commonwealth  for  the 
use  of  the  state  board  of  charity,  if  the  minor  child  has 
been  committed  to  said  board. 

SECTION  3.    If  a  person  convicted  under  the  provisions  Persons  on 

probation  to 

of  this  chapter  is  placed  on  probation  or  if  his  sentence  is  p?theUcouSrtm 
suspended  and  he  is  placed  on  probation  under  the  provi-  ^y  direct' 
sions  of  chapter  three  hundred  and  thirty-eight  of  the  acts 


120 


MANUAL  OF  LAWS. 


[Cn.  83. 


Sums  paid 
may  be  trans- 
ferred to  city 
or  town,  etc., 
supporting 
wife  or  minor 
child,  etc. 


Complaints. 


To  be  con- 
strued as  a 
continuation 
of  existing 
statutes,  etc. 


of  the  year  nineteen  hundred  and  five,  the  court  may 
require,  as  a  condition  of  such  probation,  in  addition  to 
such  other  conditions  as  the  court  may  deem  proper,  that 
such  person  pay  from  time  to  time  to  the  wife,  or  to  the 
probation  officer,  or  to  such  person  as  the  court  may 
designate,  such  reasonable  sum  as  the  court  may  direct 
for  the  support  of  the  wife  or  minor  child,  and  the  court 
may  also  require  as  a  further  condition  of  such  probation 
that  such  person  give  a  bond,  with  or  without  sureties,  in 
a  sum  not  exceeding  two  hundred  dollars,  to  the  justice 
of  said  court  and  his  successors  that  he  will  make  such 
payments.  Suit  may  be  brought  upon  said  bond  by  any 
person  authorized  by  the  court,  and  the  proceeds  of  the 
suit  shall  be  applied  to  the  support  of  the  wife  or  minor 
child,  as  the  court  shall  direct.  The  court  may  place  the 
case  on  file  on  similar  conditions  and  may  take  it  from  the 
files  at  any  time.  The  court  may  at  any  time  in  its 
discretion  modify  and  alter  the  conditions  on  which  a  per- 
son is  placed  on  probation  or  on  which  his  case  is  placed 
on  file. 

SECTION  4.  The  court  may  order  any  sums  paid  under 
the  provisions  of  the  foregoing  sections  to  be  paid  over  in 
whole  or  in  part  to  the  city,  town,  corporation  or  society 
supporting  the  wife  or  minor  child  at  the  time  the  sentence 
is  imposed,  or  to  the  treasurer  of  the  commonwealth,  for 
the  use  of  the  state  board  of  charity,  when  the  complaint 
is  for  neglect  to  provide  for  the  support  of  a  minor  child 
or  of  minor  children  who  have  been  committed  to  the 
custody  of  said  state  board. 

SECTION  5.  Complaints  under  the  provisions  of  this 
chapter  may  be  made  by  the  wife  or  by  any  other  person 
to  the  municipal,  district  or  police  court  or  trial  justice  of 
the  district  in  which  the  husband  and  wife  or  either  of 
them  are  living  or  in  which  they  last  lived  together. 

SECTION  6.  The  provisions  of  this  act,  so  far  as  they  are 
the  same  as  those  of  existing  statutes,  shall  be  construed  as 
a  continuation  thereof  and  not  as  new  enactments.  [Ap- 
proved June  20,  1906. 


CH.83.]       PROTECTION  OF  INFANTS,  ETC.  121 

[1908,  286.] 

AN    ACT    RELATIVE    TO    THE    RELEASE    OF    CERTAIN    MINORS 
AFTER   ARREST. 

SECTION  1.     Any  child  between  the  ages  of  seven  and  Release  after 

•>  arrest  may  be 

seventeen  who  has  been  arrested  with  or  without  a  war-  ^rttlnnmfnors? 
rant  may,  unless  the  justice  or  magistrate  of  the  court  etc> 
issuing  the  warrant  has  otherwise  directed  in  the  warrant, 
be  released  by  the  officer  to  whom  the  wrarrant  is  delivered, 
upon  the  written  promise  of  the  parent,  guardian  or  any 
other  reputable  person,  to  be  responsible  for  the  appear- 
ance of  said  child  in  court  at  the  time  and  place  \vhen  the 
child  is  to  appear,  and  at  any  other  time  to  which  the 
hearing  in  the  case  may  be  continued  or  adjourned  by  the 
court. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  25,  1908. 

[1911,  456.] 

AN  ACT  TO  MAKE  UNIFORM  THE  LAW  RELATING  TO  DESER- 
TION AND  NON-SUPPORT  OF  WIFE  BY  HUSBAND  OR  OF 
CHILDREN  BY  EITHER  FATHER  OR  MOTHER. 

SECTION    1 .      Any    husband    who    without    just    cause  Making  uni- 

i  i  •  'f  •  1-11  i'ii  11  i         form  the  law 

deserts  his  wire  or  minor  child   or  children,  whether  by  relating  to 

desertion  and 

going  into  another  town  or  city  in  this  commonwealth  or  non-suPPort. 
into  another  state,  and  leaves  them  or  any  or  either  of 
them  without  making  reasonable  provision  for  their  sup- 
port, and  any  husband  who  unreasonably  neglects  or 
refuses  to  provide  for  the  support  and  maintenance  of  his 
wife  or  minor  child  or  children,  or  abandons  or  leaves 
them  or  any  or  either  of  them  in  danger  of  becoming  a 
burden  upon  the  public,  and  any  parent,  whether  father 
or  mother,  who  deserts  or  wilfully  neglects  or  refuses  to 
provide  for  the  support  and  maintenance  of  his  or  her  child 
or  children  under  the  age  of  sixteen,  or  whose  minor  child 
by  reason  of  the  neglect,  cruelty,  drunkenness,  habits  of 
crime  or  other  vice  of  such  parent  is  growing  up  without 


122  MANUAL  OF  LAWS.  [CH.SS. 

education,  or  without  salutary  control,  or  without  proper 
physical  care  or  in  circumstances  exposing  such  child  to 
lead  an  idle  and  dissolute  life,  shall  be  guilty  of  a  crime, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  two  hundred  dollars,  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

finSTete°f  SECTION  2.  All  fines  imposed  under  the  provisions  of 

the  foregoing  section  may,  in  the  discretion  of  the  court, 
be  ordered  to  be  paid  in  whole  or  in  part  to  the  probation 
officer  under  the  provisions  of  section  one  of  chapter  two 
hundred  and  twenty  of  the  Revised  Laws,  as  amended  by 
section  one  of  chapter  three  hundred  and  thirty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  five,  to  be  paid 
by  such  probation  officer  to  the  wife  or  to  the  city,  town, 
corporation,  society  or  person  actually  supporting  the  wife 
or  minor  child  or  children  at  the  time  wrhen  the  sentence 
was  imposed,  or  to  the  treasurer  of  the  commonwealth  for 
the  use  of  the  state  board  of  charity  if  the  minor  child  or 
children  have  been  committed  to  said  board. 

compiamt,  SECTION  3.  Proceedings  under  this  act  may  be  begun 

upon  complaint  made  under  oath  or  affirmation  by  the 
wife,  or  by  the  child  or  children,  or  by  any  other  person 
against  any  person  guilty  of  any  of  the  above  named 
offences,  in  the  municipal,  district  or  police  court,  or 
before  the  trial  justice,  of  the  district  in  which  the  husband 
and  wife,  or  either  of  them,  are  living  or  in  which  they 
last  lived  together. 

OTd^teT  SECTION  4.  At  any  time  before  the  trial,  upon  petition 

of  the  complainant  and  upon  notice  to  the  defendant,  the 
court,  or  a  judge  thereof  in  vacation,  may  enter  such 
temporary  order  as  may  seem  just,  providing  for  the  sup- 
port of  the  deserted  wife  or  children,  or  both,  pendente 
lite,  and  may  punish  any  violation  of  such  order  as  for 
contempt. 

Defendant,  in        SECTION  5.     Before  the  trial,  with  the  consent  of  the 

certain  cases,  to 

!o^,%u?.riodical  defendant,  or  at  the  trial,  on  entry  of  a  plea  of  guilty,  or 
after  conviction,  if  the  defendant  is  placed  on  probation  or 


CH.83.]       PROTECTION  OF  INFANTS,   ETC.  123 

if  his  sentence  is  suspended  and  he  is  placed  on  probation 
under  the  provisions  of  section  one  of  chapter  two  hun- 
dred and  twenty  of  the  Revised  Laws,  as  amended  by 
section  one  of  chapter  three  hundred  and  thirty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  five,  the  court 
in  its  discretion,  having  regard  to  the  circumstances  and 
to  the  financial  ability  or  earning  capacity  of  the  defend- 
ant, shall  have  power  to  make  an  order,  which  shall  be 
subject  to  change  by  the  court  from  time  to  time  as 
circumstances  may  require,  directing  the  defendant  to 
pay  a  certain  sum  periodically,  for  a  term  not  exceeding 
two  years,  to  the  probation  officer,  who  shall  pay  over  the 
same  to  the  wife  or  to  the  guardian  or  custodian  of  the 
said  minor  child  or  children,  or  to  the  city,  town,  corpo- 
ration or  society  supporting  the  wife  or  minor  child  or 
children  at  the  time  when  the  sentence  was  imposed,  or  to 
the  treasurer  of  the  commonwealth  for  the  use  of  the  state 
board  of  charity  when  the  complaint  is  for  neglect  to  pro- 
vide for  the  support  of  the  minor  child  or  minor  children 
who  have  been  committed  to  the  custody  of  said  board; 
and  the  court  shall  also  have  power  to  release  the  defend- 
ant from  custody  on  probation  for  the  period  so  fixed, 
upon  his  or  her  entering  into  a  recognizance,  with  or 
without  surety,  in  such  sum  as  the  court  or  a  judge  thereof 
in  vacation  may  order  and  approve.  The  condition  of  the  Condition  of 

ini  i  •!>      i          i    p        i  11-      recognizance, 

recognizance  shall  be  that  it  the  defendant  shall  make  his  etc. 
or  her  personal  appearance  in  court,  whenever  ordered  to 
do  so,  and  shall  comply  with  the  terms  of  the  order  of 
support,  or  of  any  subsequent  modification  thereof,  then 
the  recognizance  shall  be  void,  but  otherwise  it  shall  be  of 
full  force  and  effect.  Suit  may  be  brought  upon  said 
recognizance  by  any  person  authorized  by  the  court,  and 
the  proceeds  of  the  suit  shall  be  applied  to  the  support  of 
the  wife  or  of  the  minor  child  or  minor  children  as  the 
court  shall  direct. 

SECTION  6.     [Amended  by  1914,  520,  infra.}     If  the  court  be  satisfied  by  Proceedings  in 
information  and  due  proof  under  oath  that  at  any  time  during  said  period  cas.es  of  vio- 
of  probation  the  defendant  has  violated  the  terms  of  the  order,  it  may 


124 


MANUAL  OF  LAWS. 


[Cn.  83. 


of  order  of 
court,  etc. 

Forfeiture  of 
recognizance. 


1911,  456,  §  6, 
amended. 


Proceedings  in 
cases  of  vio- 
lation of  terms 
of  order  of 
court,  etc. 

Forfeiture  of 
recognizance. 


forthwith  proceed  with  the  trial  of  the  defendant  under  the  original  charge, 
or  sentence  him  or  her  under  the  original  conviction,  or  enforce  the  sus- 
pended sentence,  as  the  case  may  be.  In  case  of  the  forfeiture  of  the  recog- 
nizance and  enforcement  thereof  by  execution  the  sum  recovered  may,  in 
the  discretion  of  the  court,  be  paid  in  whole  or  in  part  to  the  probation 
officer,  who  shall  pay  over  the  same  to  the  wife,  or  to  the  guardian  or  cus- 
todian of  said  minor  child  or  children,  or  to  the  city,  town,  corporation  or 
society  supporting  the  wife  or  minor  child  at  the  time  when  the  sentence 
was  imposed,  or  to  the  treasurer  of  the  commonwealth  for  the  use  of  the 
state  board  of  charity  when  the  complaint  is  for  neglect  to  provide  for  the 
support  of  a  minor  child  or  of  minor  children  who  have  been  committed  to 
the  custody  of  said  board. 

[1914,  520.] 

AN  ACT  TO  PROVIDE  THAT  BAIL  FORFEITED  IN  NON-SUP- 
PORT CASES  MAY  BE  APPLIED  TO  THE  SUPPORT  OF  THE 
WIFE  AND  MINOR  CHILDREN. 

SECTION  1.  Section  six  of  chapter  four  hundred  and 
fifty-six  of  the  acts  of  the  year  nineteen  hundred  and 
eleven  is  hereby  amended  by  inserting  after  the  period  in 
the  seventh  line  the  words :  —  In  case  the  defendant  is 
admitted  to  bail  pending  the  trial  of  the  cause  and  the 
bail  shall  be  forfeited,  the  money  or  sum  recovered,  and, 
—  so  as  to  read  as  follows:  —  Section  6.  If  the  court  be 
satisfied  by  information  and  due  proof  under  oath  that  at 
any  time  during  said  period  of  probation  the  defendant 
has  violated  the  terms  of  the  order,  it  may  forthwith  pro- 
ceed with  the  trial  of  the  defendant  under  the  original 
charge,  or  sentence  him  or  her  under  the  original  con- 
viction, or  enforce  the  suspended  sentence,  as  the  case 
may  be.  In  case  the  defendant  is  admitted  to  bail  pending 
the  trial  of  the  cause  and  the  bail  shall  be  forfeited,  the 
money  or  sum  recovered,  and  in  case  of  the  forfeiture  of 
the  recognizance  and  enforcement  thereof  by  execution  the 
sum  recovered  may,  in  the  discretion  of  the  court,  be  paid 
in  whole  or  in  part  to  the  probation  officer,  who  shall  pay 
over  the  same  to  the  wife,  or  to  the  guardian  or  custodian 
of  said  minor  child  or  children,  or  to  the  city,  town,  cor- 
poration or  society  supporting  the  wife  or  minor  child  at 
the  time  when  the  sentence  was  imposed,  or  to  the  treas- 
urer of  the  commonwealth  for  the  use  of  the  state  board 


CH.83J       PROTECTION  OF  INFANTS,  ETC.  125 

of  charity  when  the  complaint  is  for  neglect  to  provide  for 
the  support  of  a  minor  child  or  of  minor  children  who  have 
been  committed  to  the  custody  of  said  board. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Appr.oved  May  13,  1914- 


SECTION  7.     No  other  or  greater  evidence  shall  be  re-  Proof  of 

marriage. 

quired  to  prove  the  marriage  of  the  husband  and  wife,  or 
that  the  defendant  is  the  father  or  mother  of  the  child  or 
children,  than  is  or  shall  be  required  to  prove  the  same 
facts  in  a  civil  action.  In  no  prosecution  under  this  act 
shall  any  existing  statute  or  rule  of  law  prohibiting  the 
disclosure  of  confidential  communications  between  husband 
and  wife  apply,  and  both  husband  and  wife  shall  be  com- 
petent witnesses  to  testify  against  each  other  to  any  and 
all  relevant  matters,  including  the  fact  of  their  marriage 
and  the  parentage  of  the  child  or  children:  provided,  that  Proviso. 
neither  shall  be  compelled  to  give  evidence  incriminating 
himself  or  herself.  Proof  of  the  desertion  of  the  wife, 
child  or  children,  and  of  the  neglect  or  refusal  to  make 
reasonable  provision  for  their  support  and  maintenance, 
shall  be  prima  facie  evidence  that  such  desertion,  neglect 
or  refusal  is  wilful  and  without  just  cause. 

SECTION  8.    It  shall  be  the  dutv  of  the  superintendent,  A  certain  sum 

to  be  paid 

master  or  keeper,  as  the  case  may  be,  of  any  reformatory  theees!^pTtao? 
or  penal  institution  in  which  any  person  is  confined  by  in^suFuteTr3 
virtue  of  a  sentence  imposed  under  the  provisions  of  this  Sa^s?ete.m~ 
act,  providing  that  the  court  imposing  such  sentence  finds 
the  wife,  child  or  children,  as  the  case  may  be,  of  such 
person  to  be.  in  destitute  or  needy  circumstances,  and  so 
orders,  to  pay  over  to  the  probation  officer,  at  the  end  of 
each  week  a  sum  equal  to  fifty  cents  for  each  day's  hard 
labor  performed  by  the  person  so  confined.     In  making 
the  payment  the  superintendent,  master  or  keeper,  as  the 
case  may  be,  in  charge  of  the  reformatory  or  penal  institu- 
tion, shall  state  the  name  of  the  person  for  whose  labor 
the  payment  is  made,  and  the  probation  officer  shall  pay 


126  MANUAL  OF  LAWS.  [CH.  83. 

1  X 

over  such  sum  promptly  to  the  wife,  or  to  the  guardian  or 
custodian  of  the  minor  child  or  children  of  the  person  so 
confined,  or  to  the  city,  town,  corporation  or  society  sup- 
porting the  wife  or  minor  child  or  children  at  the  time 
when  the  sentence  was  imposed,  or  to  the  treasurer  of  the 
commonwealth  for  the  use  of  the  state  board  of  charity 
when  the  complaint  was  for  neglect  to  provide  for  the 
support  of  the  minor  child  or  of  minor  children  who  have 
been  committed  to  the  custody  of  said  board. 

Kwretation  SECTION  9.  This  act  shall  be  so  interpreted  and  con- 
strued as  to  effectuate  its  general  purpose  to  make  uni- 
form the  law  of  those  states  which  enact  it. 

Repeal.  SECTION  10.  All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 

desertion  act.  SECTION  11.  This  act  may  be  cited  as  the  Uniform 
Desertion  Act.  [Approved  May  18,  1911. 

[1912,  165.] 

AN    ACT    RELATIVE    TO    COURT    PROCEEDINGS    IN    THE    CASE 
OF  A   NEGLECTED   CHILD. 

aaattomeyfora      Whenever  a  child  is  before  any  court  as  a  neglected 
neglected  child.  c^[\^  an(j  jjas  no  attorney  to  appear  in  its  behalf,  any  per- 
son may,  writh  the  court's  consent,  act  in  behalf  of  such 
child.     [Approved  February  24,  1912. 

[1914,  272.] 

AN   ACT   RELATIVE   TO   THE    CONVEYANCE    OF   CHILDREN   TO 
COURTS   AND   ASYLUMS. 

destitute1  °r          SECTION  1.    A  child  who  is  not  convicted  or  accused  of 
b^ctrnveyed  in  an7  offence  but  is  a  neglected  or  destitute  child  and  is 
3ns'    otherwise  so  circumstanced  as  to  require  its  conveyance 
from  its  home  or  from  any  other  place  to  any  court  or 
asylum,  shall  not  be  conveyed  in  a  patrol  wagon  but  shall 
be  conveyed  in  such  other  suitable  vehicle  as  shall  be  pro- 
vided or  designated  by  the  children's  institutions  depart- 
ment in  the  city  of  Boston  and  by  the  overseers  of  the 
poor  in  all  other  cities  and  in  all  towns. 


CH.84.]     OF  THE  STATE  BOARD   OF   CHARITY.  127 

SECTION  2.     Whoever  violates  or  causes  to  be  violated  Penalty. 
any  provision   of   this   act   shall   be   fined   not   less   than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
offence,  or  shall  be  imprisoned  for  not  more  than  three 
months.     [Approved  April  1,  1914- 


OF   THE   STATE   BOARD   OF   CHARITY. 

R.  L.  CHAPTER  84. 
OF  THE  STATE  BOARD  OF  CHARITY. 
SECTION  1.    There  shall  be  a  state  board  of  charity  con-  state  board 

of  charity, 

sisting  of  nine  persons,  two  of  whom  shall  annually  in  June  organization, 
be  appointed  by  the  governor,  with  the  advice  and  consent  J^s,  240,  §  i. 
of  the  council,  for  a  term  of  five  years  from  the  seventh  fgge.'ioi.Yi 
day  of  said  month;   but  in  the  year  nineteen  hundred  and  i^VaS'.  Hi.' 
four  and  in  every  fifth  year  thereafter  one  member  only 
shall  be  appointed. 

SECTION  2.     [Amended   by   1908,    598,    infra.]     The    board    shall    have  Supervision  of 
general  supervision  of  the  state  hospital,  the  state  farm,  the  Massachusetts  tu^ion^1 
state  sanatorium,  the  Lyman  school  for  boys  and  the  state  industrial  school  1866,  198,  §  3. 
for  girls;    and,  if  directed  by  the  governor,  it  may  assume  and  exercise  the  p  |'  79  v|   '   ' 
powers  of  the  boards  of  trustees  of  said  institutions  in  any  matter  relative  1884,  323,  §  1. 
to  the  management  thereof,   except  the  trusts  which   are  vested  in  the  jggg  ^s  §  2 
trustees  of  the  Lyman  and  industrial  schools;    and  may  delegate  any  of  1898,  433,  §  24. 
its  powers  and  duties  to  and  execute  any  of  its  functions  by,  agents  ap-         '       ' 
pointed  for  the  purpose  or  by  committees  appointed  from  and  by  said 
board. 

[1908,  598.] 

AN     ACT     RELATIVE   TO     THE     STATE     BOARD     OF     CHARITY. 

Section  two  of  chapter  eightv-four  of  the  Revised  Laws  R-  L-  84,  §  2, 

.    .  amended. 

is  hereby  amended  by  striking  out  all  after  the  word 
"purpose",  in  the  ninth  line,  and  inserting  in  place  thereof 
the  following:  —  There  shall  be  two  divisions  in  the  board, 
one  to  be  known  as  the  division  of  state  adult  poor  and 
one  to  be  known  as  the  division  of  state  minor  wards. 
The  board  shall  appoint  a  superintendent  of  each  division, 
who  shall  be  the  executive  officer  of  that  division,  and  shall 
hold  said  position  of  superintendent  and  executive  officer 


128  MANUAL  OF  LAWS.  [Cn.84. 

during  the  pleasure  of  the  board,  and  shall  perform  such 
duties  as  it  may  require.  The  executive  officers  shall 
receive  from  the  commonwealth  such  compensation  as  the 
board  may  determine,  and  the  necessary  expenses  incurred 
by  them  in  the  performance  of  their  official  duty,  —  so  as 
Supervision  of  to  read  as  f ollows :  —  Section  2.  The  board  shall  have 

state  institu-  .   .  •      i  1-11 

tions,  etc.  general  supervision  of  the  state  hospital,  the  state  farm, 
the  Massachusetts  state  sanatorium,  the  Lyman  school  for 
boys  and  the  state  industrial  school  for  girls;  and,  if 
directed  by  the  governor,  it  may  assume  and  exercise  the 
powers  of  the  boards  of  trustees  of  said  institutions  in  any 
matter  relative  to  the  management  thereof,  except  the 
trusts  which  are  vested  in  the  trustees  of  the  Lyman  and 
•  industrial  schools;  and  may  delegate  any  of  its  powers  and 
duties  to,  and  execute  any  of  its  functions  by,  agents  ap- 
pointed for  the  purpose.  There  shall  be  two  divisions  in 
the  board,  one  to  be  known  as  the  division  of  state  adult 
poor  and  one  to  be  known  as  the  division  of  state  minor 
wards.  The  board  shall  appoint  a  superintendent  of  each 
division,  who  shall  be  the  executive  officer  of  that  division, 
and  shall  hold  said  position  of  superintendent  and  execu- 
tive officer  during  the  pleasure  of  the  board,  and  shall 
perform  such  duties  as  it  may  require.  The  executive 
officers  shall  receive  from  the  commonwealth  such  com- 
pensation as  the  board  may  determine,  and  the  necessary 
expenses  incurred  by  them  in  the  performance  of  their 
official  duty.  [Approved  June  8,  1908. 

For  act  providing  supervision  of  the  Hospital  School,  see  1904, 
446,  p.  228,  infra;  of  the  Industrial  School  for  Boys,  1908,  639,  p. 
209;  of  the  State  sanatoria,  R.  L.  88,  p.  234,  and  1907,  474,  p.  238; 
of  the  Norfolk  State  Hospital,  1912,  530,  p.  167,  infra.  For  duties 
relating  to  Penikese  Hospital,  see  1905,  474,  p.  251,  infra.  For  su- 
pervision of  Wayfarers'  lodges  and  public  lodging  houses,  see  1914, 
606,  p.  141,  infra. 

Officers,  etc.;         SECTION  3.     [Supplemented  by  1907,  271,  p.  137,  infra. 

meetings;  *  . 

is&3U24oeport'  Also  suPerseded  in  part  by  1905,  211,  §  1,  infra.]  The 
i87o~4359,  §  i.  board,  with  the  consent  of  the  governor,  shall  appoint  such 
pjfe  wj'i  a!'  officers  as  may  be  necessary,  and  fix  their  compensation, 


Cn.84.]    OF  THE  STATE  BOARD  OF  CHARITY.  129 

within  the  limits  of  the  annual  appropriation;  but  no 
person  employed  by  the  board  shall  be  a  member  thereof. 
It  shall  hold  meetings  once  in  each  month,  and  oftener  if 
necessary.  It  shall  make  its  own  by-laws  and  shall  an- 
nually make  a  report  to  the  governor  and  council  on  or 
before  the  thirty-first  day  of  December,  of  its  doings  up  to 
the  thirtieth  day  of  September,  inclusive,  embodying 
therein  a  properly  classified  and  tabulated  statement  of  its 
receipts  and  expenses  and  of  the  receipts  and  expenses  of 
each  of  the  institutions  above  named  for  the  said  year, 
and  a  corresponding  classified  and  tabulated  statement  of 
their  estimates  for  the  year  ensuing,  with  its  opinion  as 
to  the  necessity  or  expediency  of  appropriations  in  accord- 
ance with  said  estimates.  The  report  shall  also  present  a 
concise  review  of  the  work  of  the  several  institutions  for 
the  preceding  year,  with  such  suggestions  and  recommenda- 
tions as  to  them  and  to  the  charitable  and  reformatory 
interests  of  the  commonwealth,  as  may  be  considered 
expedient.  The  members  of  the  board  and  of  the  boards 
of  trustees  of  the  state  institutions  above  named,  shall 
receive  no  compensation  for  their  services;  but  their 
travelling  and  other  necessary  expenses  shall  be  allowed 
and  paid. 

For  act  establishing  State  Board  of  Publication,  see  1902,  438. 

For  further  duties  of  the  board  with  reference  to  supervision  and 
new  improvements 'at  State  institutions,  see  1907,  271,  p.  137,  and 
1907,  520,  p.  138,  infra. 

For  provisions  relating  to  bookkeeping  and  accounts,  see  1908, 
195,  197. 

[1905,  211,  §  1.] 

AN     ACT    TO     ESTABLISH    A    NEW     FISCAL    YEAR     FOR     THE 
COMMONWEALTH. 

SECTION  1.     The  fiscal  year  of  all  offices,  departments,  The  fiscal  year 
,        .  .    .          i-i  i'ii  i  for  the  com~ 

boards,  commissions,  hospitals,  asylums,  charitable,  penal  monweaithto 

begin  Decem- 

and  reformatory  institutions  of  the  commonwealth  shall  ber *• etc- 
begin  with  the  first  day  of  December  and  end  with  the 
following  thirtieth  day  of  November,  and  all  books  and 
accounts  therein  shall  be  kept  by  fiscal  years  as  herein 


130  MANUAL  OF  LAWS.  [Cn.84. 

established,  and  the  annual  reports  of  all  officers,  trustees, 
boards  and  commissions,  except  the  report  of  the  insurance 
commissioner  and  except  those  reports  otherwise  pro- 
vided for  in  this  act,  shall  be  made  to  the  governor  and 
council,  or  to  the  general  court,  as  now  required  by  law7, 
except  that  they  shall  be  made  on  or  before  the  third 
Wednesday  in  January,  anything  in  any  general  or  special 
statute  now  existing  to  the  contrary  notwithstanding. 
Such  reports  shall  be  deposited  with  the  secretary  of  the 
commonwealth,  who  shall  transmit  them  to  the  governor 
and  council  or  to  the  general  court.  The  financial  state- 
ments now  required  by  law  to  be  included  therein  shall  be 
made  for  the  fiscal  year  as  herein  established.  The  annual 
meetings  of  trustees  of  state  institutions  and  of  state 
boards,  at  which  financial  statements  are  required  by  law 
to  be  presented,  shall  be  held  in  the  month  of  December 
in  each  year.  [Approved  May  23,  1905. 

Duties  of  SECTION  4.     [Amended  by  1909,  208,  infra.]     The  board  shall  ascertain 

186^,  240,  §  5.       whether  any  paupers  in  state  institutions  under  its  supervision  or  that  of 
1867,  209,  §  4.       the  state  board  of  insanity  have  settlements  in  this  commonwealth,  and 
1898,  433,  §  24.      shall  cause  the  laws  relative  to  the  support  by  cities  and  towns  of  sane 
state  paupers  to  be  enforced,  and  shall  prosecute  all  cases  of  bastardy  if 
the  mother  has  no  settlement  in  this  commonwealth.    It  shall  also  prepare, 
from  the  returns  made  by  overseers  of  the  poor  under  the  provisions  of 
section  forty  of  chapter  eighty-one,  tables  of  paupers  supported  by  towns, 
and  print  in  its  annual  report  the  most  important  information  thus  ob- 
tained. 

[1909,  208.] 

AN    ACT    RELATIVE    TO    THE    DUTIES    OF    THE    STATE    BOARD 
OF   CHARITY. 

amemfed54'  SECTION  1.  Section  four  of  chapter  eighty-four  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  all  after 
the  words  "in  this  commonwealth",  in  the  sixth  line,  and 
inserting  in  place  thereof  the  words:  —  It  shall  also 
prepare  a  form  for  the  returns  to  be  made  by  overseers  of 
the  poor  under  sections  forty  and  forty-one  of  chapter 
eighty-one,  as  amended  by  chapter  one  hundred  and  fif- 
teen of  the  acts  of  the  year  nineteen  hundred  and  five,  and 
mail  one  of  said  forms  to  the  clerk  of  the  overseers  of  the 


CH.84.]    OF  THE  STATE   BOARD  OF   CHARITY.  131 

poor  of  each  city  or  town  on  or  before  the  first  day  of 
April  of  each  year,  and  from  said  returns  made  by  the 
overseers  of  the  poor  it  shall  prepare  tables  of  paupers 
supported  by  towns,  and  shall  print  in  its  annual  report 
the  most  important  information  thus  obtained,  —  so  as  to 
read  as  follows:  —  Section  A-  The  board  shall  ascertain  Duties  of  state 

board  of  chanty 

whether  any  paupers  in  state  institutions  under  its  super-  relative  to  cer- 

*     *  tain  paupers. 

vision  or  that  of  the  state  board  of  insanity  have  settlements 
in  this  commonwealth,  and  shall  cause  the  laws  relative 
to  the  support  by  cities  and  towns  of  sane  state  paupers 
to  be  enforced,  and  shall  prosecute  all  cases  of  bastardy 
if  the  mother  has  no  settlement  in  this  commonwealth. 
It  shall  also  prepare  a  form  for  the  returns  to  be  made  by 
overseers  of  the  poor  under  sections  forty  and  forty-one  of 
chapter  eighty-one,  as  amended  by  chapter  one  hundred 
and  fifteen  of  the  acts  of  the  year  nineteen  hundred  and 
five,  and  mail  one  of  said  forms  to  the  clerk  of  the  over- 
seers of  the  poor  of  each  city  or  town  on  or  before  the  first 
day  of  April  of  each  year,  and  from  said  returns  made  by 
the  overseers  of  the  poor  it  shall  prepare  tables  of  paupers 
supported  by  towns,  and  shall  print  in  its  annual  report 
the  most  important  information  thus  obtained. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  24,  1909. 


SECTION  5.    The  board  shall  at  least  once  in  every  year  *n 

O.  o.  71,  g  o. 

visit  all  places  where  state  paupers  are  supported,  and  jj*™.  359,  ^i 
ascertain  from  actual  examination  and  inquiry  whether  the  l$l\  f^' 
laws    relative    to    such    paupers    are    properly    observed,  fg'oo,' 2ii§  5' 
particularly  in  relation  to  such  as  are  able  to  labor;    and 
shall  give  such  directions  as  will  insure  correctness  in  the 
returns  required  in  relation  to  paupers;    and  may  use  all 
necessary  means  to  collect  information  relative  to  their 
support.     It  shall  visit  the  state  hospital  and  the  Lyman 
school  for  boys,  for  the  purpose  of  inspection,  at  least  once 
in  each  month  and,  by  some  woman  or  women  appointed 


132  MANUAL  OF  LAWS.  [CH.  84. 

for  the  purpose,  may  at  all  hours  of  the  day  or  night  have 
access  to  the  portions  of  said  hospital  occupied  by  the 
women  or  children  there  maintained  at  public  expense, 
and  may  require  from  the  officers  of  said  institutions  in- 
formation concerning  the  condition  and  treatment  of  the 
inmates.  It  shall  visit  all  almshouses  which  are  main- 
tained in  cities  or  towns  and  shall  include  in  its  annual 
report  a  statement  of  their  condition  and  management 
with  its  suggestions  and  recommendations  relative  thereto. 

For  duties  with  reference  to  indigent  and  neglected  children 
and  juvenile  offenders,  see  R.  L.  83,  p.  98,  R.  L.  86,  p.  169,  and  1906, 
413,  p.  189,  infra. 

For  right  of  inmates  of  institutions  to  communicate  with  the 
board,  see  1906,  341,  p.  137,  infra. 

SdtoabT  SECTION  6.     The   board   shall   prescribe  to  the  super- 

boaKi.6  intendent  of  the  state  hospital,  the  forms  for  statistical 

1864/307,  §  e.     returns  to  be  made  by  him  in  his  annual  report,  as  to  the 

P.  S.  79,  §  6. 

sex,  age  and  birthplace  of  the  inmates,  and  the  places  from 
which  they  were  sent.  It  shall  also  prescribe  the  form  of, 
and  provide  cities  and  towns  with  blanks  for,  the  certifi- 
cate required  by  the  provisions  of  section  seven  of  chap- 
ter eighty-five.  Such  certificate  shall  contain  such  in- 
quiries as  to  the  age,  parentage,  birthplace  and  former 
residence  of,  and  other  facts  relative  to,  the  pauper,  as  the 
board  considers  necessary,  to  which  true  answers  shall  be 
given  before  the  pauper  is  received  into  the  hospital. 

Annual  SECTION  7.     [Superseded   by   1911,    154,   infra.]     The   trustees   of   each 

1859,  177,  §  2.       institution  named  in  section  two  shall  annually  on  the  thirtieth  day  of 

p'l*  TQ  \^7         September  cause  to  be  made  and  sent  to  the  board  an  accurate  inventory 

of  the  stock  and  supplies  on  hand  and  the  value  and  amount  thereof,  under 

the  following  heads :  — 

Live  stock  on  the  farm,  produce  of  the  farm  on  hand,  carriages  and 
agricultural  implements,  machinery  and  mechanical  fixtures,  beds  and 
bedding  in  the  inmates'  department,  other  furniture  in  the  inmates'  de- 
partment, personal  property  of  the  commonwealth  in  the  superintendent's 
department,  ready-made  clothing,  dry  goods,  provisions  and  groceries, 
drugs  and  medicines,  fuel,  library. 


CH.84.]    OF  THE   STATE   BOARD  OF  CHARITY.  133 

[1911,  154.] 

AN  ACT  RELATIVE  TO  RETURNS  OF  INVENTORIES  OF  STATE 
INSTITUTIONS  UNDER  THE  GENERAL  SUPERVISION  OF 
THE  STATE  BOARD  OF  CHARITY. 

SECTION  1 .    Chapter  eightv-f our  of  the  Revised  Laws  is  R.  L.  84,  §  7, 

•i  •  •  i    •  amended. 

hereby  amended  by  striking  out  section  seven  and  insert- 
ing in  place  thereof  the  following :  —  Section  7.  The  inventory,  etc. 
trustees  of  every  institution  under  the  general  supervision 
of  the  board  shall  annually  cause  an  accurate  inventory 
of  the  stock  and  supplies  on  hand,  and  the  value  and 
amount  thereof  at  the  institution,  to  be  made  on  the 
thirtieth  day  of  November,  and  to  be  sent  to  the  board  on 
or  before  the  third  Wednesday  in  December. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  17,  1911. 


SECTION  8.     The  board  may  transfer  pauper  inmates  Transferor 

,.,,...  paupers. 

from  one  state  charitable  institution  to  another,  or  may  isss,  255. 

O.  b.  71,  §  7. 

send  them  to  any  state  or  place  where  they  belong,  if  the  Jj^jj'  j^o.  jj  *• 
public  interest  or  the  necessities  of  the  inmates  so  require.  R  S-  79>  s 9- 

1887,  367.  102  Mass.  215.  116  Mass.  570. 

SECTION  9.    On  application  of  the  trustees  of  the  Lvman  —of  inmates 

of  Lyman  and 

and  industrial  schools,  the  board  mav  transfer  an  inmate  industrial 

schools. 

of  the  Lyman  school  for  boys  or  of  the  state  industrial  }|^-  \f'  §  6- 
school  whom  said  trustees  consider  incorrigible  or  an  unfit  p 
subject  for  said   institutions,   with  the  mittimus,   to  the 
state  farm,  there  to  be  held  on  such  mittimus  until  the 
term  of  sentence  expires,  but  the  board  may  return  such 
person,    with    the    mittimus,    to    the   school    from   which 
such  transfer  was  made,  when  in  its  judgment  the  object 
of  such  transfer  has  been  accomplished. 

SECTION  10.     The  board  may  from  time  to  time  select  selection  of 

paupers  for 

for  support  at  the  state  farm  any  state  paupers  whose  support  at 

state  farm. 

labor,  in  domestic  or  other  service  at  such  institution,  may  p87|-  ^  |  ^ 


134  MANUAL  OF  LAWS.  [CH.  84. 

contribute  toward  the  cost  of  their  support,  or  whose 
maintenance  at  the  same  may  for  special  reasons  be  con- 
sidered expedient;  and  in  an  emergency  may  transfer  any 
inmates  of  the  state  hospital  to  said  institution,  there  to  be 
supported  while  the  emergency  continues;  but  the  board 
shall  not  so  transfer  an  inmate  of  the  state  hospital  to  the 
state  farm  as  a  punishment  for  crime. 

Removal  to  SECTION  11.     [Amended  by  1903,  231.]     If  a  state '  pauper,  who  has  re- 

meivf  whe^   °~    ce^ve<^  a  certificate  described  in  section  seven  of  chapter  eighty-five,  desires 
1860,  83,  §  1.         to  be  sent  to  any  state  or  place  where  he  has  a  legal  settlement,  or  to  friends 
'    '     '  *     '       willing  to  support  him,  the  board  may  remove  said  pauper  instead  of  com- 
mitting him,  if  in  its  judgment  it  is  for  the  interest  of  the  commonwealth 
and  of  the  pauper;   but  no  person  shall  be  so  removed,  unless,  in  the  judg- 
ment of  said  overseers  and  of  the  board,  he  will  otherwise  become  a  charge 
to  the  commonwealth  for  at  least  one  year;    and  the  board  shall,  in  its 
annual  report,  return  the  names  of  all  persons  so  removed,  the  places  from 
which  and  to  which  they  are  removed  and  the  cost  of  each  removal. 

[1903,  231.] 

AN    ACT    RELATIVE    TO    THE    REMOVAL    OF    STATE    PAUPERS 
TO    THE    PLACES    OF    THEIR    SETTLEMENT. 

'  SECTION  1.  Section  eleven  of  chapter  eighty-four  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  all  after 
the  word  "pauper",  in  the  sixth  line,  so  as  to  read  as 
follows:  —  Section  11.  If  a  state  pauper,  who  has  received 
-to  a  certificate  described  in  section  seven  of  chapter  eighty- 
five,  desires  to  be  sent  to  any  state  or  place  where  he  has  a 
legal  settlement,  or  to  friends  willing  to  support  him,  the 
board  may  remove  said  pauper  instead  of  committing  him, 
if  in  its  judgment  it  is  for  the  interest  of  the  common- 
wealth and  of  the  pauper. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  14,  1903. 


piace°\?f  u  SECTION  12.    The  names  of  persons  so  removed  and  the 

proceeding's       usual  details  of  their  history  shall  be  entered  upon  the 

iseo,  83,'  §  2.       register   of  the  hospital,   and   shall   be  recorded   by   the 
p.  s.  79,  §  is. 

several  superintendents,  as  discharged  by  the  board,  for 

the  purpose  of  removal  from  the  commonwealth. 


CH.84.]    OF  THE   STATE   BOARD   OF   CHARITY.  135 

SECTION  13.    Every  private  charitable  society  or  institu-  private  societies 
tion,  if  aided  by  a  errant  of  money  from  the  commonwealth,  board. 

1867,  243,  §§  1,  2. 

shall  annually  prepare  and  send  to  the  board  a  written  or  ips,  iis.  ^ 
printed  report  of  all  its  proceedings,  income  and  expen-  79-  §§  ^  17- 
ditures,  properly  classified,  for  the  year  ending  on  the 
thirtieth  day  of  September,  stating  the  amount  appropri- 
ated by  the  commonwealth,  the  amount  expended  under 
said  appropriation,  the  whole  number  and  the  average 
number  of  beneficiaries,  the  number  and  salaries  of  officers 
and  persons  employed,  and  such  other  information  as  the 
board  may  require.  Said  report,  if  in  writing,  shall  be 
sent  in  by  the  fifteenth  day  of  October,  and,  if  in  print, 
by  the  first  day  of  November. 

See  1905,  211,  for  change  in  fiscal  year. 

SECTION  14.     [Amended  by  1903,  402;    1913,  82,  infra.}     A  charitable  Returns  by 
corporation  whose  personal  property  is  exempt  from  taxation  under  the  corporations 
provisions  of  clause  three  of  section  five  of  chapter  twelve  shall  annually,  1899,  259. 
on  or  before  the  first  day  of  November,  make  to  the  state  board  of  charity         ' 
a  written  or  printed  report  for  its  last  financial  year,  showing  the  property, 
receipts  and  expenditures,  the  whole  number  and  the  average  number  of 
its  beneficiaries  and  such  other  information  as  the  board  may  require. 

[1903,  402.] 

AN   ACT    KELATIVE    TO    REPORTS    OP    CHARITABLE    CORPORATIONS. 

SECTION  1.     [Amended  by  1913,  82,  infra.]     Section  fourteen  of  chapter  R-  L-  84,  §  14, 
eighty-four  of  'the  Revised  Laws  is  hereby  amended  by  striking  out  the  ai 
word  "the",  in  the  fifth  line,  and  inserting  in  place  thereof  the  word:  —  its, 

—  and  by  inserting  before  the  word  "receipts",  in  the  same  line,  the  word: 

—  its,  —  so  as  to  read  as  follows:  —  Section  14-     A  charitable  corporation  Certain 
whose  personal  property  is  exempt  from  taxation  under  the  provisions  of  corporations 
clause  three  of  section  five  of  chapter  twelve  shall  annually,  on  or  before  to  report 
the  first  day  of  November,  make  to  the  state  board  of  charity  a  written  or  state  ^oard*  of 
printed  report  for  its  last  financial  year,  showing  its  property,  its  receipts  charity, 
and  expenditures,  the  whole  number  and  the  average  number  of  its  bene- 
ficiaries and  such  other  information  as  the  board  may  require. 

SECTION  2.     This   act   shall   take   effect  upon   its   passage.     [Approved 
May  29,  1903. 

[1913,  82.] 

AN  ACT  RELATIVE  TO  REPORTS  OF  CHARITABLE  CORPORA- 
TIONS. 

SECTION  1.     Section  fourteen  of  chapter  eighty-four  of  R.  L.  84,  §14, 

etc.,  amended. 

the  Revised  Laws,  as  amended  by  chapter  four  hundred 
and  two  of  the  acts  of  the  year  nineteen  hundred  and 


136 


MANUAL  OF  LAWS. 


[Cn.  84. 


Certain 
charitable 


returns  to  the 
state  board 
of  charity. 


Time  of  taking 
effect. 


three,  is  hereby  further  amended  by  adding  at  the  end 
thereof  the  following :  —  If  any  corporation  subject  to  the 
provisions  of  this  act  shall  fail  for  two  successive  years 
to  file  the  said  report,  the  supreme  judicial  court,  upon 
application  by  the  state  board  of  charity,  after  notice  and 
a  hearing,  may  decree  a  dissolution  of  the  corporation,  - 
so  as  to  read  as  followrs:  —  Section  14-  A  charitable  cor- 
poration whose  personal  property  is  exempt  from  taxation 
under  the  provisions  of  clause  three  of  section  five  of  chap- 
ter twrelve  shall  annually,  on  or  before  the  first  day  of 
November,  make  to  the  state  board  of  charity  a  written 
or  printed  report  for  its  last  financial  year,  showing  its 
property,  its  receipts  and  expenditures,  the  whole  number 
and  the  average  number  of  its  beneficiaries  and  such  other 
information  as  the  board  may  require.  If  any  corporation 
subject  to  the  provisions  of  this  act  shall  fail  for  two 
successive  years  to  file  the  said  report,  the  supreme  judicial 
court,  upon  application  by  the  state  board  of  charity, 
after  notice  and  a  hearing,  may  decree  a  dissolution  of  the 
corporation. 

SECTION  2.  This  act  shall  take  effect  upon  the  first  day 
of  November  in  the  year  nineteen  hundred  and  thirteen. 
[Approved  February  14,  1913. 

See  also  R.  L.  12,  §  5,  cl.  3,  p.  4,  supra. 

For  provision  relating  to  inspection  of  charitable  corporations, 
see  1909,  379,  p.  141,  infra. 

For  provision  relating  to  investigation  of  petitions  for  charters 
for  charitable  organizations,  see  1910,  181,  p.  255,  infra. 

For  provision  relative  to  notice  to  the  board  of  the  filing  of 
instruments  creating  charitable  funds,  see  1915,  14  (Gen.),  p.  142, 
infra. 


SECTION  15.    A  treasurer  of  a  savings  bank,  institution 
1*852^132,  §§  i,  3.  f°r  savings,  benefit  association,  insurance  company  or  safe 
deposit  company  who,  upon  request  in  writing,  signed  by 
an   officer   of   the   state   board    of   charity,    unreasonablv 

.  ,  .  .  .  / 

refuses  to  inform  him  of  the  amount  deposited  in  the 
corporation  or  association  to  the  credit  of  a  person  named 
in  such  request  who  is  a  charge  upon  the  commonwealth 


§§i5i,  153. 
p.  s.  us',  §  43'. 

1894,  317,  §  48. 

1898,  425,  §  6; 

433,  §24. 


CH.84J   OF  THE   STATE   BOARD  OF   CHARITY.  137 

as  a  pauper,  or  who  wilfully  renders  false  information  in 
reply  to  such  request  shall  for  each  offence  forfeit  fifty 
dollars,  to  the  use  of  the  commonwealth. 

For  powers  and  duties  of  the  board  in  the  care  and  removal  of 
persons  afflicted  with  diseases  dangerous  to  the  public  health, 
see  1909,  391,  p.  53,  supra. 

For  authority  of  the  board  to  advise  overseers  of  the  poor  in  the 
preparation  of  plans  for  almshouse  buildings,  see  1905,  162,  p.  11, 
supra. 

For  authority  to  transfer  boys  to  the  Industrial  School  for  Boys, 
see  1909,  472,  p.  213,  infra. 

For  exemption  of  the  board's  agent  from  the  prohibition  against 
recommending  candidates  for  the  employ  of  public-service  cor- 
porations, see  1909,  514,  §  26. 

ADDITIONAL   LEGISLATION. 

[1906,  341.] 

AN  ACT  TO  PROVIDE  FOR  CORRESPONDENCE  BY  LETTER 
BETWEEN  THE  STATE  BOARD  OF  CHARITY  AND  INMATES 
OF  INSTITUTIONS  UNDER  ITS  SUPERVISION. 

All  inmates  of  any  institution  under  the  supervision  of  inmates  of 

certain 

the  state  board  of  charity  shall  be  allowed,  subject  to  the  ^t^etc8' 
regulations  of  the  board,  to  write  freely  to  the  board,  and 
letters  so  written  shall  be  forwarded,  unopened,  by  the 
superintendent  or  person  in  charge  of  the  institution  to 
said  board  for  such  disposition  as  it  shall  consider  right, 
and  the  board  may  send  any  letters  or  other  communica- 
tions to  any  inmates  of  any  such  institution  whenever  it 
may  consider  it  proper  so  to  do.  [Approved  April  30, 
1906. 

[1907,  271.] 

AN  ACT  RELATIVE  TO  THE  DUTIES  OF  THE  STATE  BOARD   OF 

CHARITY. 

SECTION  1 .     The  several  institutions  under  the  super-  state  board  of 
vision  of  the  state  board  of  charity  shall  submit  to  said  submit  a 

tabulated 

board  for  its  approval,  annually  on  or  before  the  fifth  dav  statement  of 

"     receipts  and 

of  November,  a  tabulated  statement  of  their  estimates  for  expenditures, 
the  year  ensuing.     The  annual  report  of  said  board  shall 
contain  a  properly  classified  and  tabulated  statement  of 


138  MANUAL  OF  LAWS.  [CH.S4. 

the  receipts  and  expenses  of  the  board,  and  of  each  of  the 
several  state  institutions  under  its  supervision  for  the  pre- 
ceding year,  and  a  corresponding  classified  and  tabulated 
statement  of  their  estimates  for  the  year  ensuing,  including 
estimates  for  the  ordinary  expenses,  with  its  opinion  as  to 
the  necessity  or  expediency  of  appropriations  in  accord- 
ance with  said  estimates;  a  concise  review  of  the  work  of 
the  several  institutions  under  the  supervision  of  the  board 
for  the  year  preceding,  and  such  suggestions  and  recom- 
mendations as  to  said  institutions  and  as  to  the  general 
interests  of  all  persons  under  its  supervision  as  it  considers 
expedient,  together  with  information  embodying  the  ex- 
perience of  this  country  and  of  other  countries  relative  to 
the  best  and  most  successful  methods  of  caring  for  such 
persons  as  come  under  the  supervision  of  the  board. 
foranewetbu'iid-  SECTION  2.  The  board  shall  inspect  and  approve  all 
appSrwe1d.  plans  and  specifications  for  new  buildings  which  are  to  be 
used  by  state  institutions  coming  under  its  supervision, 
and  for  the  extension  or  alteration,  involving  an  expendi- 
ture of  more  than  two  thousand  dollars,  of  existing  build- 
ings which  are  to  be  or  are  already  so  used,  before  such 
new  buildings  are  erected  or  such  extensions  or  alterations 
are  made. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  5,  1907. 

[1907,  520.] 

AN  ACT  KELATIVE  TO  THE  CONSTRUCTION  AND  IMPROVE- 
MENT OF  BUILDINGS  AT  STATE  AND  OTHER  INSTITU- 
TIONS. 

andlmprov^-         SECTION    1.      Preliminary   plans,   specifications   and   at 
buildings  at       least  one  reliable  estimate  of  the  cost  of  any  new  construc- 

state  institu-  .  .,,.  i          i  •  i  •  i«    i     •  •»      •  t 

tions,  etc.  tion,  including  plumbing,  heating,  lighting,  ventilating  and 
equipment,  or  alteration  or  repair  of  existing  construction 
at  an  expense  exceeding  two  thousand  dollars,  for  which  it 
is  intended  to  petition  the  general  court  for  an  appropria- 
tion of  money,  shall  be  submitted,  on  or  before  November 


Cn.84.]    OF  THE  STATE   BOARD   OF   CHARITY.  139 

first  next  preceding  the  legislative  session  in  which  it  is 
intended  to  request  the  consideration  thereof,  to  the  state 
board  which  has  supervision  of  the  institution,  public  or 
private,  for  wrhich"  such  work  is  proposed.  Said  state 
board,  may  require  such  modifications  thereof  and  addi- 
tions thereto  and  such  additional  information  as  it  may 
deem  necessary. 
SECTION  2.  After  the  approval  of  said  preliminary  piansand 

i  .,,.  ,  .,  i  ,  ,  .         specifications, 

plans  and  specifications  by  said  state  board,  working  etc. 
plans,  specifications  and  at  least  one  reliable  estimate  of 
the  cost  of  the  proposed  work  shall  be  procured  by  the 
trustees  of  the  institution,  and  shall  be  submitted  on  or 
before  said  November  first  to  said  state  board  for  its  ap- 
proval. Said  state  board  may  employ  expert  assistance  in 
its  consideration  thereof,  and  may  recommend  such  modi- 
fications of  and  additions  to  said  working  plans  and  specifi- 
cations as  it  may  deem  necessary,  and  if  said  working 
plans,  specifications  and  estimate  shall  be  submitted  to  the 
legislature  without  its  approval,  it  shall  recommend  to  the 
committees  by  whom  such  new  construction,  alteration  or 
repairs  shall  be  considered  such  modifications  and  addi- 
tions as  it  may  deem  advisable,  with  its  reasons  therefor. 
All  work  to  be  done  by  persons  regularly  employed  at  the 
institution  shall  be  excepted  from  the  provisions  of  this 
section. 

SECTION  3.    Copies  of  said  working  plans  and  specifica-  copies  of 

,       .  -IP  i  •    i  •       •          i  i  plans,  etc.,  to 

tions  relative  to  work  tor  which  an  appropriation  has  been  be  filed. 
made  shall  be  filed  with  said  state  board,  and  shall  not  be 
modified  except  with  its  approval  in  writing.    The  trustees  Bids  for  work 
shall  solicit  bids  for  the  performance  of  such  work  by  ad-  etc.6^ 
vertising  in  a  reasonable  number  of  newspapers,  and  shall 
award  the  contract  to  the  lowest  responsible  and  eligible 
bidder;    but  no  contract  shall  be  awarded  for  a  sum  ex- 
ceeding the  appropriation  available  therefor.    Any  petition 
subject  to  the  provisions  of  this  act  and  presented  without 
compliance  therewith  shall  be  referred  to  the  next  general 
court,  unless  it  shall  be  admitted  for  immediate  considera- 


140 


MANUAL  OF  LAWS. 


[Cn.  84. 


Estimates  of 
cost,  etc. 


Expenditures. 


1907,  520,  §  5, 
amended. 


Expenses  for 
certain  plans, 
etc. 


tion  under  the  rules  governing  the  admission  of  new  busi- 
ness after  the  expiration  of  the  time  limit  for  its  intro- 
duction. 

SECTION  4.  Any  petition  for  an  appropriation  of  money 
by  the  commonwealth  for  such  new  construction,  altera- 
tion or  repair  at  an  institution  which  is  not  under  the 
supervision  of  a  state  board  shall  be  accompanied  by 
working  plans,  specifications,  and  at  least  three  reliable 
estimates  of  its  cost  for  submission  to  the  committees  of 
the  legislature  by  whom  it  shall  be  considered;  otherwise 
it  shall  be  referred  to  the  next  general  court,  according  to 
the  provisions  of  section  three. 

SECTION  5.  [Amended  by  1914,  662,  infra.]  To  meet  the  expenses 
incurred  under  the  provisions  of  section  two  on  account  of  state  institutions, 
and  on  account  of  the  Massachusetts  School  for  the  Feeble-Minded  and  the 
Hospital  Cottages  for  Children,  a  sum  not  exceeding  two  thousand  dollars 
may  annually  be  expended.  Bills  of  such  expenses  shall  not  be  paid  until 
they  have  been  approved  by  said  state  board. 

SECTION  6.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  15,  1907. 

[1914,  662.] 

AN  ACT  TO  PROVIDE  FOR  THE  PAYMENT  OF  CERTAIN  EX- 
PENSES INCURRED  UNDER  THE  PROVISIONS  OF  THE  LAW 
RELATIVE  TO  THE  CONSTRUCTION  AND  IMPROVEMENT 
OF  BUILDINGS  AT  STATE  OR  OTHER  INSTITUTIONS. 

SECTION  1.  Chapter  five  hundred  and  twenty  of  the 
acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
amended  by  striking  out  section  five  and  inserting  in  place 
thereof  the  following  new  section :  —  Section  5.  The  ex- 
penses incurred  in  the  preparation  of  working  plans  and 
specifications  necessary  to  the  making  of  estimates  calling 
for  appropriations  as  provided  by  this  act  shall  be  paid 
from  the  appropriation  made  to  carry  out  the  recommen- 
dation or  petition.  Should  the  general  court  fail  to  make 
an  appropriation  to  carry  out  the  purpose  for  which  work- 
ing plans  and  specifications  were  prepared,  the  expense  of 
the  same  shall  be  paid  from  an  appropriation  made  for 
the  purpose.  The  state  board  of  charity  and  the  state 


Cn.84.]   OF  THE  STATE   BOARD  OF   CHARITY.  141 

board  of  insanity  may  inc-ur  such  expenses  for  expert 
assistance  under  the  provisions  of  section  two  as  may 
appear  reasonable  to  the  auditor,  not  exceeding  in  the 
aggregate  the  sum  of  two  thousand  dollars  in  any  one 
year.  , 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  13,  1914- 

[1909,  379.] 

AN  ACT  TO  PROVIDE  FOR  THE  INSPECTION  BY  THE  STATE 
BOARD  OF  CHARITY  OF  CERTAIN  CHARITABLE  INSTITU- 
TIONS. 

SECTION  1.     The  state  board  of  charity,  upon  the  re-  state  board  of 

chanty  to  m- 

quest   or   with   the   consent   of   a   charitable   corporation  spect  certain 

charitable  in- 

which,  under  the  provisions  of  section  fourteen  of  chapter  stitutlons- etc- 
eighty-four  of  the  Revised  Laws,  as  amended  by  chapter 
four  hundred  and  two  of  the  acts  of  the  year  nineteen 
hundred  and  three,  is  required  to  make  an  annual  report 
to  said  board,  shall,  at  least  once  in  every  year,  visit  and 
inspect  the  institution  or  investigate  the  work  of  such 
corporation. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  13,  1909. 

[1914,  606.1 

AN  ACT  TO  ESTABLISH  STATE  SUPERVISION  OF  WAYFARERS' 
LODGES  AND   PUBLIC   LODGING   HOUSES. 

SECTION  1.     Every  building,  lodge,  enclosure  or  estab-  Wayfarers' 

lodge  and 

lishment  in  which  wayfarers,  tramps,  wanderers,  needy  jj°edfigng§ house 
persons  or  persons  out  of  work  are  habitually  fed  or  pro- 
vided with  a  place  to  sleep,  whether  under  public  or 
private  management,  shall  be  deemed  a  wayfarers'  lodge 
within  the  meaning  of  this  act.  Every  building  not  li- 
censed as  an  inn,  having  a  capacity  for  housing  ten  or 
more  persons,  in  which  persons  are  lodged  for  a  price  of 
twenty-five  cents  or  less  for  each  person  for  a  day  of 


142 


MANUAL  OF  LAWS. 


[Cn.  84. 


State  board  of 
charity  to 
visit  and 
inspect,  etc. 


Authority  of 
the  board 
limited. 


Annual  report. 


State  board  of 
qharity  to  be 
notified  of 
filing  of  in- 
struments 
creating  chari- 
table funds. 


twenty-four  hours,  or  for  any  part  thereof,  or  free,  or  in 
return  for  any  work,  service  or  value  rendered,  shall  be 
deemed  a  public  lodging  house  within  the  meaning  of  this 
act. 

SECTION  2.  The  state  board  of  charity  shall  visit  and 
inspect,  at  least  once  in  each  year,  every  wayfarers'  lodge 
and  every  public  lodging  house  found  within  the  common- 
wealth, and  for  this  purpose  shall  be  authorized  to  enter 
upon  any  premises  where  such  lodge  or  lodging  house  is 
maintained,  at  any  or  all  times  of  the  day  or  night. 

SECTION  3.  The  said  board  shall  have  authority  to  con- 
sult with  and  advise  individuals  or  officers  conducting  any 
such  lodge  or  lodging  house  regarding  the  conduct  of  the 
same  and  the  best  methods  of  serving  the  public  welfare 
thereby,  and  may,  in  its  discretion,  transmit  a  statement 
of  its  findings  as  a  result  of  its  inspection  or  consultation 
to  any  person,  officer  or  board  properly  interested  therein. 

SECTION  4.  The  said  board  may  require  of  all  persons, 
officers  or  boards  conducting  a  wayfarers'  lodge  or  a  public 
lodging  house  such  reports  of  facts  and  circumstances 
relative  thereto,  its  inmates  and  its  administration  as  the 
board  may  deem  advisable. 

SECTION  5.  The  said  board  shall  include  in  its  annual 
report  to  the  governor  and  council  a  detailed  report  of  its 
inspection  and  supervision  hereunder,  and  such  other 
matters  relating  to  wayfarers'  lodges  and  public  lodging 
houses  as  it  may  deem  proper. 

SECTION  6.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  2,  1914- 

[1915,  14,  GEN.J 

AN  ACT  RELATIVE  TO  NOTICE  OF  FILING  OF  INSTRUMENTS 

CREATING  CHARITABLE  FUNDS. 

SECTION  1.  Whenever  there  shall  be  filed  for  record  in 
a  registry  of  deeds  or  of  probate  any  testamentary  docu- 
ment or  deed  of  trust,  or  other  instrument,  creating  or 
increasing  an  estate  or  fund  for  benevolent,  charitable, 


CH.85.]   STATE  INFIRMARY  AND  STATE  FARM.  143 

humane  or  philanthropic  purposes  the  register  shall  forth- 
with send  to  the  state  board  of  charity  a  statement  setting 
forth  the  book  and  page  in  the  registry  where  the  instru- 
ment is  recorded,  with  the  name,  if  any,  of  the  said  estate 
.or  fund,  and  further  stating  by  whom  the  said  estate  or 
fund  has  been  created  or  increased,  and  by  whom  it  is  to 
be  administered. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  February  17,  1915. 


STATE  INFIRMARY  AND   STATE  FARM. 

R.  L.  CHAPTER  85. 

OF  THE  STATE  HOSPITAL  AND  THE  STATE  FARM. 
For  change  of  name  of  State  Hospital,  see  1911,  104,  p.  160,  infra. 

SECTIONS     1-  6.  —  Trustees  of  the  State  Hospital  and  the  State  Farm. 
SECTIONS     7-27.  —  The  State  Hospital  and  State  Paupers. 
SECTIONS  28-36.  —  The  State  Farm. 
SECTIONS  37-40.  —  Sentences  to  State  Farm. 

TRUSTEES  OF  THE  STATE  HOSPITAL  AND  THE  STATE  FARM. 

SECTION  1.  .There  shall  be  a  board  of  trustees  of  the  Trustees  of 
state  hospital  and  state  farm,  consisting  of  five  men  and  and  state  l 
two  women,  three  of  whom  shall  annually  in  June  be  ap-  i852,  275,  §  e. 

1854,  4o7,  §  o. 

pointed  by  the  governor,  with  the  advice  and  consent  of  J|5|  ^  |  ^ 
the  council,  for  a  term  of  three  years,  except  that  in  the  J>87|-  f^'/ia'. 
year  nineteen  hundred  and  three  and  every  third  year  f^*  |'97i  §  2. 
thereafter  only  one  such  trustee  shall  be  so  appointed.  1900,  333! 


SECTION  2.  [Superseded  in  part  by  1905,  211,  p.  129,  Jfe^gs> 
supra,  establishing  a  new  fiscal  year  for  the  Commonwealth.  J?5|'  jp^ 
See  also  1902,  438,  establishing  a  Board  of  Publication;  H^lo^i1' 

1907,  271,  520,  p.   137,  supra,  as  to  estimates,  etc.;  and  Im'Aln. 

fl     Q    71 

1908,  195,  597,  as  to  accounts.]     The  trustees  shall  hold  §§'32',  34',  54. 
meetings  monthly  either   at  the  state   hospital    or   state  1372!  45,  '§  4.  ' 
farm  and   shall  annually,  on   or  before   the  first   day  of  §§  i-3- 

1879,  291, 

November,  report  to  the  governor  and  council  the   con-  §&  7-  9-  10- 


144  MANUAL  OF  LAWS.  [CH.  ss. 

p.  s.  86,  dition  of   such  institutions  and  the  expenses  of  the  state 

§§13,14,16,  ,.,.,.,    i  T 

IT,  19,  20,  40;  hospital  in  detail  tor  the  year  ending   on   the   preceding 

88,  §§  2,  3. 

Iff^'on?-  thirtieth  day  of  September,   a   list   of   the   salaried    offi- 


i89i'  299  cers    and    their   salaries,    and    a    copy    of    the    inventory 

required  by  the  provisions  of  section  seven  of  chapter 
eighty-four.  One  trustee  shall  visit  each  institution 
at  least  once  in  each  week.  The  trustees  shall  appoint 
a  superintendent  of  the  state  hospital,  who,  with  the 
approval  of  the  governor  and  council,  may  be  the  resi- 
dent physician,  and  a  superintendent  of  the  state  farm, 
each  of  whom  shall  hold  office  at  the  pleasure  of  the 
board  and  whose  compensation  shall  be  fixed  by  it 
with  the  approval  of  the  governor  and  council.  All 
other  officers  and  employees  shall  be  appointed  by  the 
superintendents,  subject  to  the  approval  of  the  trustees, 
who  shall  fix  the  compensation  in  each  case,  which  shall 
not  exceed  the  appropriation  of  the  general  court  for  that 
purpose.  They  shall  audit  and  approve  the  accounts 
and  bills  of  the  superintendent  of  the  state  hospital  and 
of  the  state  farm  before  payment.  No  person  employed 
by  the  board  shall  be  a  member  thereof. 

ISS^TJM  e.  SECTION  3.  The  trustees  shall,  with  the  approval  of  the 
of  s.1?!8,'  1  32.  governor  and  council,  establish  rules  and  regulations  for 
§§  7,'  9.  '  the  proper  management  and  government  of  the  state 
1884,'  297,  §  2.'  hospital  and  state  farm,  and  shall  see  that  they  are 

P.  S.  88,  §  1.  / 

enforced. 

o/treuste>elers  SECTION  4.  The  trustees  shall  have  the  same  power  as 
G?s.27f,'§5373.  overseers  of  the  poor  to  bind  out  minor  inmates  of  the 
p.  s.  86,'§  is.  state  hospital  as  apprentices,  and  to  cause  the  inmates 

thereof  to  he  returned  to  the  place  or  country  from  which 

they  came. 

SECTION  5.    The  trustees,  with  the  approval  of  the  state 

i^matl6/  °f        board  of  charity,  may  transfer  inmates  to  and  from  the 

isse;  101!  1  4!     state  hospital  and  the  pauper  department  of  the  state 

898,  433,  §  24.    farnij  an(jj  ^o  secure  a  better  classification  of  the  inmates 

of  the  two  institutions,  may  transfer  to  the  state  hospital 

discharged  prisoners  remaining  in  the  state  farm. 


CH.SS.]    STATE   INFIRMARY  AND  STATE  FARM.  145 

SECTION  6.    The  superintendents  and  resident  physicians  Superintend- 
ents; bond, 
shall  have  the  right  to  reside  with  their  families  at  the  etc- 

0  f  1852,  275,  §  5. 

state  hospital  and  the  state  farm  respectively.    Said  super-  £p|  ^MJ^ 
intendents  shall  receive  no  other  compensation  than  that  ||^-  ^- 1  j^ 
provided    in    section    two    and    no    perquisites    for    their  ^f^'. 
services  except  as  aforesaid ;    and  they  shall  give  bond  to   8>    2' 
the  treasurer  and  receiver  general  for  the  faithful  perform- 
ance of  their  duties  in  such  sums  as  shall  be  designated  by 
the  rules  and  regulations  of  the  trustees,  and  with  suffi- 
cient surety  or  sureties  to  the  acceptance  of  said  trustees 
and  subject  to  the  approval  of  the  governor. 

For  provisions  as  to  advance  money,  see  1908,  178;  1909,  218. 
For  provisions  as  to  reimbursement  of  premiums  paid  on  official 
bond,  see  1908,  469. 

THE  STATE  HOSPITAL  AND  STATE  PAUPERS. 
SECTION  7.    The  superintendent  shall  receive  all  paupers  superintend- 

ent  to  receive 

who  are  sent  with  a  proper  certificate  from  the  state  board  paupers. 

1852,  275,  §  5. 

of  charity  or  from  one  of  the  overseers  of  the  poor  of  a  p-j'H'IJi' 
city  or  town,  or  from  one  of  the  trustees  of  pauper  institu-  ||$'  ^ 
tions  or  from  one  of  the  trustees  for  children,  in  the  city  §§  3l  4- 
of  Boston,  or  from  some  one  duly  authorized  by  vote  of 
the  board  of  overseers  of  the  poor  of  any  city  or  town  or  of 
the  board  of  trustees  of  pauper  institutions  or  from  one  of  the 
trustees  for  children,  of  the  city  of  Boston,  and  provide 
for  them  under  the  rules  and  regulations  herein  provided. 

For  act  changing  name  of  Pauper  Institutions  Department  of 
the  city  of  Boston,  see  1908,  393. 

SECTION  8.    The  resident  phvsician  of  the  state  hospital  Duties  of 

physician  of 

shall  be  competent  to  take  charge  of  insane  inmates,  and  ^(f^g 
shall   have   entire  charge   of   and   be   responsible   for  the  ff  g'  48'6 
medical  treatment  of  the  inmates  of  the  hospital;    shall  §! 
regulate  and  control  the  dietary  of  the  hospital,  and  shall 
supervise  the  preparation  of  the  food  for  this  department; 
and,  if  not  himself  the  superintendent,  shall  from  time  to 
time  make  requisitions  upon  the  superintendent  for  such 
food,  medicines  and  necessaries,  other  than  the  ordinary 


146  MANUAL  OF  LAWS.  [CH.  85. 

supplies,  as  in  his  judgment  the  requirements  of  a  well- 
ordered  hospital  demand. 

toahospitSnby  SECTION  9.  Cities  and  towns  may,  at  their  own  expense, 
islr^i^'  i.  send  to  the  state  hospital,  to  be  maintained  at  the  public 
i852%475, §  3°'  charge,  all  paupers  who  may  fall  into  distress  therein,  and 
1855,  i5i,  §  i;  who  have  no  settlement  within  the  commonwealth.  The 

445   5  1 

1856, 1/1,  §  3.  city  or  towrn  shall  be  reimbursed  by  the  commonwealth, 
{872, 45,'§2.  upon  bills  approved  by  the  state  board  of  charity,  for  the 

Io79|  291,  §  3. 

Fo'5SMass  2337  exPense  of  transportation  of  each  state  pauper  thus  sent, 
for  the  excess  over  thirty  .miles  by  the  usual  route,  at  a 
rate  not  exceeding  three  cents  a  mile. 

Removal  of  SECTION  10.     [Amended  by  1903,  233,  infra.]     No  city  or  town  officer 

ISJT  ^a^pers'       °r  agent  having  the  care  and  oversight  of  a  sick  pauper  shall  remove  or 

§§  i't  2.   '  attempt  to  remove  him  or  cause  him  to  be  removed  to  the  state  hospital 

unless  there  is  reasonable  cause  to  believe  that  such  removal  will  not  injure 

or  endanger  his  health,  nor,  unless  otherwise  directed  by  the  state  board  of 

charity,  until  he  has  first  obtained  a  certificate  of  a  competent  physician 

that,  at  the  request  of  such  officer  or  agent,  he  has  examined  such  pauper 

who,  in  his  opinion,  can  be  so  removed  without  injury  or  danger  to  his 

health. 

[1903,  233.] 

AN   ACT   RELATIVE   TO   THE   REMOVAL   OF   SICK   PAUPFRS  TO 
THE   STATE   HOSPITAL. 

R.  L  85,  §  10,        Section  ten  of  chapter  eighty-five  of  the  Revised  Laws 

amended.  * 

is  hereby  amended  by  striking  out  all  after  the  word 
"health",  in  the  fifth  line,  and  inserting  in  place  thereof 
the  following :  —  provided,  however,  that  in  case  of  doubt 
as  to  the  safety  of  such  removal  such  officer  or  agent  shall 
obtain  a  certificate  of  a  competent  physician  that  at  the 
request  of  such  officer  or  agent  he  has  examined  such 
pauper,  and  that  in  his  opinion  such  pauper  can  so  be 
removed  without  injury  or  danger  to  his  health;  and 
provided,  also,  that  such  removal  shall  be  made  whenever 
ordered  by  the  state  board  of  charity,  —  so  as  to  read  as 
Removal  of  follows:  —  Section  10.  No  city  or  town  officer  or  agent 
having  the  care  and  oversight  of  a  sick  pauper  shall 
remove  or  attempt  to  remove  him  or  cause  him  to  be 
removed  to  the  state  hospital  unless  there  is  reasonable 
cause  to  believe  that  such  removal  will  not  injure  or 


CH.85.]     STATE  INFIRMARY  AND  STATE  FARM.  147 

endanger  his  health:  provided,  however,  that  in  case  of  Provisos. 
doubt  as  to  the  safety  of  such  removal  such  officer  or 
agent  shall  obtain  a  certificate  of  a  competent  physician 
that  at  the  request  of  such  officer  or  agent  he  has  exam- 
ined such  pauper,  and  that  in  his  opinion  such  pauper  can 
so  be  removed  without  injury  or  danger  to  his  health; 
and  provided,  also,  that  such  removal  shall  be  made  when- 
ever ordered  by  the  state  board  of  charity.  [Approved 
April  14,  1903. 


SECTION  11.     A  city  or  town  officer  or  agent  who  vio-  Penalties. 

,  ,  .    .  ,     ,  ,.  .  ,        .    .          1887,440,  §3. 

lates  the  provisions  or  the  preceding  section,  or  a  physician 
who  gives  a  false  certificate  thereunder,  shall  be  punished 
by  a  fine  of  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  less  than  three 
nor  more  than  twelve  months,  or  by  both  such  fine  and 
imprisonment. 

SECTION  12.    The  state  board  of  charity,  upon  the  appli-  Poor  Indians, 

support  of. 

cation  of  the  overseers  of  the  poor  of  any  town,  shall  make  IJjjjjj'  ||j'  |  \- 
provision  in  the  state  hospital  or  elsewhere  for  the  support  R  s"  86>  §  23- 
of  Indians  who  may  be  unable  to  support  themselves,  and 
who  have  not  acquired  a  settlement  in  any  town  in  the 
commonwealth;    and  upon  the  application  of  an  Indian 
who  received  aid  from  the  commonwealth  prior  to  the 
twenty-third  day  of  July  in  the  year  eighteen   hundred 
and  sixty-nine,  the  state  board  shall  furnish  to  him  in  the 
state  hospital  or  elsewhere  such  aid  as  it  may  consider 
expedient. 
SECTION  13.    No  city  or  town  shall  send  to  the  state  hos-  Towns  not  to 

send  dangerous 

)ital  any  insane  person  who  would  be  dangerous  if  at  insane  Person- 

rge.  1854,  437,  §  1.  G.  S.  71,  §  37.  P.  S.  86,  §  24. 

For  further  provision  as  to  transfer  and  commitment  of  insane 
jersons  to  the  State  Infirmary,  see  1904,  278,  p.  157,  infra. 


SECTION  14.     No  city  or  town  officer  shall  send  to  the  smallpox 
ate  hospital  any  person  who  is  infected  with  smallpox  or  1855,445, 

1  S6*>    1  fi9 

other  disease  dangerous  to  the  public  health,  or,  except  as  §§  i,'  3. 


148 


MANUAL  OF  LAWS. 


[Ca.  85. 


1879,  291,  §  3. 
P.  S.  86, 
§§  25,  27. 
1885,  211. 


Expenses. 
1855,  151,  §  2; 
445,  §  2. 
1865,  162,  §  2. 
1869,  12.       . 
1879,  291,  §  3. 
P.  S.  86,  §  26. 
1885,  211. 
1891,  153. 
1898,  391. 
144  Mass.  64. 


R.  L.  85,  §  15, 
amended. 


provided  in  section  ten,  any  other  sick  person  whose  health 
would  be  endangered  by  removal;  but  all  such  persons 
who  are  liable  to  be  maintained  by  the  commonwealth 
shall  be  supported  during  their  sickness  by  the  city  or 
town  in  which  they  are  taken  sick,  and  notice  of  such 
sickness  shall  be  given  in  writing  to  the  state  board  of 
charity,  which  may  examine  the  case  and,  if  found 
expedient,  order  the  removal  of  the  patient;  but  such 
notice  in  the  case  of  sick  persons  whose  health  would  be 
endangered  by  such  removal  shall  be  signed  by  the  over- 
seers of  the  poor  or  by  a  person  appointed  by  them  by 
special  vote,  who  shall  certify,  after  personal  examination, 
that  in  their  or  his  opinion  such  removal  at  the  time  of  his 
application  for  aid  would  endanger  his  health.  A  city  or 
town  officer  who  knowingly  violates  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  one  hundred  dollars. 

See,  as  to  removals,  1904,  395,  p.  52,  supra.  For  reimbursement 
from  the  Commonwealth  to  cities  and  towns  in  dangerous  disease 
cases,  see  1909,  380,  p.  48,  supra.  For  acts  relative  to  care  and 
removal  by  the  Board  of  persons  infected  with  diseases  dangerous 
to  the  public  health,  see  1909,  351,  p.  53,  supra. 

SECTION  15.  [Amended  by  1908,  555;  1913,  797,  infra.]  The  reasonable 
expense  which  is  incurred  by  a  city  or  town  under  the  provisions  of  the 
preceding  section  within  five  days  next  before  notice  has  been  given  as 
therein  required  and  also  after  the  giving  of  such  notice  and  until  said 
sick  person  is  able  to  be  removed  to  the  state  hospital  shall  be  reimbursed 
by  the  commonwealth.  The  bills  for  such  support  shall  not  be  allowed 
unless  they  are  indorsed  with  the  declaration  that,  after  full  investigation, 
no  kindred  able  to  pay  the  amount  charged  have  been  found,  and  that  the_ 
amount  has  actually  been  paid  from  the  city  or  town  treasury,  nor  unless 
they  are  approved  by  the  state  board  of  charity  or  by  a  person  designated 
by  it;  and  not  more  than  five  dollars  a  week  shall  be  allowed  for  the  support 
of  a  person  in  a  city  or  town  hospital. 

For  further  provision  as  to  what  may  be  included  in  the  reim- 
bursement, see  1909,  292,  p.  86,  supra. 

[1908,  555.] 

AN    ACT    TO    PROVIDE    FOB    REIMBURSING    CITIES    AND    TOWNS    FOR    EXPENSES 
INCURRED    FOR    CERTAIN    SICK    POOR. 

SECTION  1.  [Amended  by  1913,  797,  infra.]  Section  fifteen  of  chapter 
eighty-five  of  the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "commonwealth",  in  the  fifth  and  sixth  lines,  the  words:  —  If  the 


CH.SO.]     STATE   INFIRMARY  AND   STATE   FARM.  149 

state  board  of  charity  considers  it  expedient  to  order  the  removal  to  the 
state  hospital  of  a  person  whose  physical  condition  is  such  as  to  require 
attendance,  then  the  reasonable  expense  incurred  for  such  attendance, 
as  directed  by  the  state  board  of  charitj%  shall  also  be  reimbursed  by  the 
commonwealth,  —  so  as  to  read  as  follows:  —  Section  15.  The  reasonable  Expenses  for 
expense  which  is  incurred  by  a  city  or  town  under  the  provisions  of  the  g^  p0^T  a 
preceding  section  within  five  days  next  before  notice  has  been  given  as 
therein  required  and  also  after  the  giving  of  such  notice  and  until  said  sick 
person  is  able  to  be  removed  to  the  state  hospital  shall  be  reimbursed  by 
the  commonwealth.  If  the  state  board  of  charity  considers  it  expedient 
to  order  the  removal  to  the  state  hospital  of  a  person  whose  physical  con- 
dition is  such  as  to  require  attendance,  then  the  reasonable  expense  in- 
curred for  such  attendance,  as  directed  by  the  state  board  of  charity,  shall 
also  be  reimbursed  by  the  commonwealth.  The  bills  for  such  support 
shall  not  be  allowed  unless  they  are  indorsed  with  the  declaration  that, 
after  full  investigation,  no  kindred  able  to  pay  the  amount  charged  have 
been  found,  and  that  the  amount  has  actually  been  paid  from  the  city  or 
town  treasury,  nor  unless  they  are  approved  by  the  state  board  of  charity 
or  by  a  person  designated  by  it;  and  not  more  than  five  dollars  a  week 
shall  be  allowed  for  the  support  of  a  person  in  a  city  or  town  hospital. 

SECTION  2.     This   act   shall   take   effect   upon   its   passage.     [Approved 
May  28,  1908. 

[1913,  797.] 

AN  ACT  KELATIVE  TO  THE  PAYMENT  BY  THE  COMMON- 
WEALTH TO  CITIES  AND  TOWNS  OF  CERTAIN  EXPENSES 
INCURRED  FOR  SICK  PERSONS. 

SECTION  1.    Section  fifteen  of  chapter  eighty-five  of  the  R.  L.  ss,  §  is, 

T>       •       i    T  iii  r>  i    et°.i  amended. 

Revised  Laws,  as  amended  by  chapter  five  hundred  and 
fifty-five  of  the  acts  of  the  year  nineteen  hundred  and 
eight,  is  hereby  further  amended  by  striking  out  the  word 
"five",  in  the  nineteenth  line,  and  inserting  in  place  there- 
of the  word :  —  seven,  —  so  as  to  read  as  follows :  —  Sec-  Reimburs^ 

ment  to  cities 

tion  15.     The  reasonable  expense  which  is  incurred  bv  a  and  t°wns  f°r 

care  of  certain 

city  or  town  under  the  provisions  of  the  preceding  section  sick  poor' etc- 
within  five  days  next  before  notice  has  been  given  as 
therein  required  and  also  after  the  giving  of  such  notice 
and  until  said  sick  person  is  able  to  be  removed  to  the 
state  hospital  shall  be  reimbursed  by  the  commonwealth. 
If  the  state  board  of  charity  considers  it  expedient  to 
order  the  removal  to  the  state  hospital  of  a  person  whose 
physical  condition  is  such  as  to  require  attendance,  then 
the  reasonable  expense  incurred  for  such  attendance,  as 
directed  by  the  state  board  of  charity,  shall  also  be  reim- 


150 


MANUAL  OF  LAWS. 


[Cn.  85. 


Repeal. 


Time  of  taking 
effect. 


Husband  and 
wife  not  to  be 
separated. 
1855,  172. 
G.  S.  71, 
§§  43,  44. 
1861,  94. 
1866,  234. 
P.  S.  86, 
§§  30,  31. 


R.  L.  85,  §  16, 
amended. 


Husband  and 
wife  not  to  be 
separated,  etc. 


bursed  by  the  commonwealth.  The  bills  for  such  support 
shall  not  be  allowed  unless  they  are  indorsed  with  the 
declaration  that,  after  full  investigation,  no  kindred  able 
to  pay  the  amount  charged  have  been  found,  and  that  the 
amount  has  actually  been  paid  from  the  city  or  town 
treasury,  nor  unless  they  are  approved  by  the  state  board 
of  charity  or  by  a  person  designated  by  it;  and  not  more 
than  seven  dollars  a  week  shall  be  allowed  for  the  support 
of  a  person  in  a  city  or  town  hospital. 

SECTION  2.  So  much  of  any  act  as  is  inconsistent  with 
this  act  is  hereby  repealed. 

SECTION  3.  This  act  shall  take  effect  on  the  first  day  of 
December,  nineteen  hundred  and  thirteen.  [Approved 
June  13,  1913. 

SECTION  16.  [Superseded  by  1909,  98,  infra.]  If  a  state  pauper  has  a 
wife  who  is  also  a  pauper  having  a  legal  settlement  in  this  commonwealth, 
he  shall  be  supported  by  the  place  where  his  wife  has  her  settlement;  but 
the  commonwealth,  tupon  written  notice  to  the  state  board  of  charity  within 
sixty  days  after  aid  is  first  given  to  him,  shall  reimburse  such  place  the 
cost  of  such  support  based  upon  the  expense  of  supporting  him  had  he  been 
committed  to  the  state  hospital.  1885,  211.  110  Mass.  98. 

[1909,  98.] 

AN    ACT    RELATIVE    TO    THE    SUPPORT    OF    CERTAIN    STATE 

PAUPERS. 

SECTION  1.  Chapter  eighty-five  of  the  Revised  Laws  is 
hereby  amended  by  striking  out  section  sixteen  and  insert- 
ing in  place  thereof  the  following:  —  Section  16.  If  a  state 
pauper  has  a  wife  who  is  also  a  pauper  having  a  legal 
settlement  in  this  commonwealth,  he  shall  be  supported 
by  the  place  where  his  wife  has  her  settlement;  but  the 
commonwealth,  upon  written  notice  to  the  state  board  of 
charity,  shall  reimburse  such  place  for  the  cost  of  aid  given 
to  him  for  sixty  days  previous  to  notice  and  until  other- 
wise ordered;  the  cost  of  such  support  being  based  upon 
the  expense  of  supporting  him  had  he  been  committed  to 
the  state  hospital. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1909. 


Cn.85.]     STATE  INFIRMARY  AND  STATE   FARM.  151 

SECTION   17.     If  the   state  hospital  is  full,   cities  and  cities,  etc.,  to 

care  for  state 

towns  shall  support  state  paupers  at  the  expense  or  the  ]^p|r5s2'  ^'h4en- 
commonwealth  until  notice  is  given  by  the  superintendent  a5!4?3/'^ 
that  they  can  be  received.     The  superintendent  shall  give  P-  S-  86>  §  32- 
such  notice  by  mail  to  cities  and  towns  according  to  the 
priority  of  their  applications. 

SECTION  18.     The   trustees   of   the  state  hospital  shall  Powers  of 

.  .  .         trustees. 

have  and  exercise  the  same  powers  relative  to  pauper  in-  ijjsj. 275,  §  7. 
mates  and  their  property  as  towns  and  overseers  of  the  &7£'«SI'l#' 

io/y,  «vl|  §  y. 

poor  have  relative  to  paupers  supported  or  relieved  by  p- s- 86-  § 33- 
them. 

SECTION  19.     The  superintendent  of  the  state  hospital,  Contracts  for 

employment 

with  the  consent  or  the  trustees,  may  contract  with  any  onnmates, 
person  for  the  employment  of  any  inmate  thereof  in  any  ^5|  ™f-  §  4g 
kind  of  lawful  labor  for  such  wages  or  on  such  terms  as  p/l'.sel'/s^ 
the  superintendent  and  trustees  approve.    If  a  contract  is 
so  made,  such  inmate  shall  be  discharged  from  the  hospital 
and,  if  he  refuses  to  accept  the  employment  offered,  he 
shall  forfeit  all  claim  to  support  as  a  state  pauper. 

SECTION  20.    A  city  or  town  in  which  an  inmate  of  the  Liability  of 
state  hospital  is  found  to  have  a  legal  settlement  shall  be  for  support  of 

, .    ,  ,  •,  i   i     i>        -I  •  •      TI  state  paupers. 

liable  to  the  commonwealth  for  his  support  in  like  manner  isss,  445,  §  4. 

.  1856,  108,  §  5. 

as  one  town  is  liable  to  another  in  like  cases;   and  in  such  &•_?•„?•  ,5 49. 

1875,  94,  s  1. 

case,  the  state  board  of  charity  shall  adopt  such  measures  Pg-9|-  ^  §§3|4 
relative  to  notice,  removal  of  a  pauper  and  recovery  of  8  Gray>  455- 
expenses  as  are  prescribed  for  towns  in  like  cases.1 

As  to  liability  for  the  care  of  lepers,  see  1909,  250,  p.  253,  supra. 
SECTION  21.     The  kindred  who   are  liable  by  law  to  Liability  of 

,  .  ,.  T  L    11   •      vi        kindred  for 

towns  tor  expenses  in  supporting  such  paupers  shall  in  like  support  of 

such  paupers. 

manner  be  liable  to  the  commonwealth  for  any  expense  Jgff  •  ?£>,  §  &. 

Loot},  108,  §  5. 

incurred  for  such  paupers;    and  the  state  board  of  charity  JgVs^w'j i80' 
may   adopt   the   same   measures   and   institute   like   pro-  Fg'gf.'faVl^. 

1  R.  L.  85,  §  20,  providing  that  "a  city  or  town  in  which  an  inmate  of  the  state 
hospital  is  found  to  have  a  legal  settlement  shall  be  liable  to  the  commonwealth  in 
like  manner  as  one  town  is  liable  to  another  in  like  cases,"  does  not  limit  the  liability 
of  such  city  or  town  to  a  period  of  three  months  next  preceding  the  date  of  notice,  as 
is  the  case  between  towns  under  R.  L.  81,  §  17,  and  such  liability  is  not  affected  by 
want  of  notice.  3  Op.  A.  G.  57  (1906).  Neither  is  it  avoided  by  the  presence  of  kindred 
who  are  of  sufficient  ability  to  pay.  2  Op.  A.  G.  447  (1903). 


152 


MANUAL  OF  LAWS. 


[Cn.  85. 


Punishment 
for  escape. 
1852,  275,  §  9. 
G.  S.  71,  §  51. 
P.  S.  86,  §  37. 
1884,  258,  §  1. 
1898,  443. 

Foreign  pau- 
pers to  be 
deported. 
1766-7,  17, 
§§  1-3- 

1793,  59,  §  13. 
R.  S.  46,  §  17. 
1850,  105,  §  4. 
G.  S.  71,  §  52. 
P.  S.  86,  §  38. 


Insane  state 
paupers  to  be 
deported. 
1854,  437,  §  4. 
G.  S.  71,  §  53. 
P.  S.  86,  §  39. 
1884,  297,  §  2. 
1887,  264. 
1898,  433,  §  23. 


Accounts  of 
hospital. 
1854,  189,  §  5. 
G.  S.  71,  §  55. 
1874,  360,  §  2. 
P.  S.  86,  §  41. 


No  allowance 

to  county, 

etc.,  for 

state  paupers, 

except. 

G.  S.  71,  §  56. 

P.  S.  86,  §  42. 

Accounts  of 
counties,  etc., 
how  audited. 
1823,  21,  §  2. 


ceedings  for  the  recovery  of  such  expenses  from  the  kin- 
dred so  liable  as  are  prescribed  for  towns  in  like  cases. 

For  provision  as  to  fixing  the  price  for  support  of  insane  inmates, 
see  1915,  208  (Gen.),  infra. 

SECTION  22.  Whoever  escapes  from  the  state  hospital 
and  within  one  year  thereafter  is  found  in  any  city  or 
town  soliciting  public  charity  shall  be  punished  by  im- 
prisonment at  the  state  farm. 

SECTION  23.  A  justice  of  the  superior  court,  or  of  a 
police,  district  or  municipal  court,  or  a  trial  justice,  upon 
complaint  of  the  overseers  of  the  poor  of  any  place  or  of 
the  state  board  of  charity,  may,  by  warrant  directed  to  a 
constable  or  other  person  therein  designated,  cause  any 
pauper  not  born  nor  having  a  settlement  in  this  common- 
wealth, who  may  conveniently  be  removed,  to  be  con- 
veyed, at  the  expense  of  the  commonwealth,  to  any  other 
state,  or,  if  not  a  citizen  of  the  United  States,  to  any 
place  beyond  sea,  where  he  belongs. 

SECTION  24.  Upon  complaint  of  the  trustees  of  a  state 
insane  hospital,  the  trustees  of  the  state  hospital  and  state 
farm,  the  county  commissioners  or  the  overseers  of  the 
poor,  a  judge  of  probate  shall  have  the  same  powers  as  are 
given  by  the  provisions  of  the  preceding  section  to  cause 
the  removal  of  insane  state  paupers  under  their  charge  to 
any  other  state,  or  to  any  place  beyond  sea,  where  they 
belong. 

SECTION  25.  All  accounts  for  the  maintenance  of  the 
state  hospital  and  the  state  farm  and  the  support  of  the 
inmates  shall  be  approved  by  the  trustees  and  filed  with 
the  auditor  at  the  end  of  each  month,  and  paid  by  the 
commonwealth. 

SECTION  26.  Nothing  shall  be  allowed  from  the  treas- 
ury of  the  commonwealth  to  any  county,  city  or  town  for 
expenses  incurred  on  account  of  any  state  pauper,  except 
as  expressly  provided  by  law. 

SECTION  27.  All  accounts  against  the  commonwealth 
for  allowance  to  counties,  cities  and  towns  on  account  of 


CH.85.]     STATE   INFIRMARY  AND   STATE   FARM.  153 

state   paupers   shall   be   rendered    to   the   state   board    of  \f^  }|J- 
charity   on   or   before   the   third   Wednesday   of   January  §§'3^l336' 
annually;   and  shall  be  so  made  as  to  include  all  claims  for  ml',  \\l't  207'. 
such  charges  up  to  the  first  dav  of  said  January,  and,  if  1853!  366,  §  2. 

O     ^    71     &  *\7 

approved  by  the  board  and  certified  by  the  auditor  of  P- s.' se,' §  43.' 
accounts,  shall  be  paid  by  the  commonwealth.    The  state 
board  may  require  such  accounts  to  be  accompanied  with 
such  statement  of  particulars  and  facts,  and  substantiated 
by  such  affidavits,  as  it  orders.1 

See  1905,  211  (p.  129,  supra),  establishing  a  new  fiscal  year  for 
the  Commonwealth;  1908,  597,  changing  title  of  Auditor  of  Ac- 
counts. For  requirement  that  all  accounts  against  the  Common- 
wealth shall  be  itemized,  see  R.  L.,  6,  §  29. 

THE  STATE  FARM. 
SECTION  28.    The  superintendent  shall  have  the  manage-  Duties  of 

superintend- 

ment  and  control  of  the  state  farm  and  its  operations.  ?nt. 

loot),  las, 
§§  2,  4. 

See,  as  to  advances,  1908,  178.  p- s-  88,  §  2. 

SECTION   29.     The   state  board   of   charity   shall   have  —of state 

board  of 

general  supervision  of  the  state  farm,  and  shall  have  the  Jggg'^g  ,  3 
same  power  to  discharge  persons  confined  therein  for  any  jjj^  ^; §  2- 
cause,  or  to  apprentice  or  discharge  any  person  committed  p87|.  11!' §  3' 
under  the  provisions  of  the  following  section,  as  county  isse,  ibi,  §  4. 

.      .  i  •  ,    ,  ,  ,.      '      1898,  433,  §  24. 

commissioners  nave  over  inmates  01  houses  ot  correction. 
It  shall  also  have  all  the  powers,  not  herein  given  to  the 
superintendent  and  trustees,  which  overseers  of  the  poor 
have  relative  to  town  workhouses. 

SECTION  30.    Upon  complaint  of  one  of  the  overseers  of  vagabonds 

«  .  •        T-»  PI  may  be 

the  poor  or  a  city  or  town,  or  in  .Boston  ot  the  pauper  committed. 

1866,  198,  §  5. 

institutions  trustees,  police,  district  and  municipal  courts  J869, 258,  §  i. 
and  trial  justices  may  in  their  discretion  commit  persons  pVss  §  5 
who  have  been  convicted  of  any  of  the  offences  enumer-  {jjjjg;  443;  f  \\ 

1  The  rendering  to  the  Commonwealth  of  a  bill  for  aid  furnished  by  a  city  or  town 
to  a  State  pauper,  as  required  by  Pub.  Sts.,  c.  86,  §  43  (R.  L.  8.5,  §  27),  does  not  termi- 
nate the  liability  of  the  Commonwealth  to  make  reimbursement  therefor  so  as  to 
require  a  new  notice  from  such  city  or  town  if  the  aid  is  thereafter  continued.  2  Op. 
A.  G.  304  (1901). 


154 


MANUAL  OF  LAWS. 


[Cn.  85. 


State  board 
may  deport 
or  discharge 
such,  persons. 
1869,  258,  §  2. 
1877,  147. 
P.  S.  88,  §  6. 
1898,  443,  §  1. 


Support  to  be 
paid  by  place 
of  settlement, 
when. 

1869,  258,  §  3. 
P.  S.  88,  §  7. 


"Penalty  for 
escape. 
1866,  198,  §  5. 
1870,  288,  §  3. 
1880,  257,  §  8. 
P.  S.  88,  §  8. 


R.  L.  85,  §  33, 
amended. 


Penalty  for 
escape  from 
state  farm, 
etc. 


ated   in   sections   forty-six   and  fifty-five   of   chapter   two 
hundred  and  twelve  to  the  state  farm. 

See  1908,  393,  changing  name  of  Pauper  Institutions  Department 
of  the  city  of  Boston. 

SECTION  31.  The  state  board  of  charity  may  cause  any 
person  committed  under  the  provisions  of  the  preceding 
section,  who  has  no  legal  settlement  in  this  commonwealth, 
to  be  removed  to  the  state  or  place  where  he  belongs,  or 
whence  he  came,  in  accordance  wdth  law.  A  person  so 
removed  who  returns  to  this  commonwealth  before  the 
expiration  of  his  sentence  may  be  re-arrested  and  returned 
to  the  state  farm,  there  to  serve  out  the  remainder  of  his 
sentence. 

SECTION  32.  If  any  person  so  committed  has  a  legal 
settlement  in  a  city  or  town  in  this  commonwealth,  such 
city  or  town  shall  pay  for  his  support  such  amount  per 
week,  as,  having  regard  for  his  capacity  for  labor,  may  be 
fixed  upon  by  the  state  board  of  charity;  but  upon  writ- 
ten request  of  the  overseers  of  the  poor,  the  state  board 
shall  permit  him  to  be  transferred  to  the  workhouse  of  his 
place  of  settlement,  there  to  serve  out  the  remainder  of 
his  sentence. 

SECTION  33.  [Amended  by  1903,  188,  infra.]  Whoever  being  sentenced 
to  the  state  farm  escapes  or  attempts  to  escape  therefrom,  or  from  the 
custody  of  the  officer  while  being  conveyed  to  said  farm,  may  be  pursued 
and  reclaimed;  and  shall  be  punished  by  imprisonment  at  said  farm,  and 
may  be  there  held  in  custody  for  not  more  than  six  months  in  addition  to 
his  previous  sentence. 

[1903,  188.] 

AN    ACT    EELATIVE    TO    SENTENCES    TO    THE    STATE    FARM. 

Section  thirty-three  of  chapter  eighty-five  of  the  Re- 
vised Laws  is  hereby  amended  by  striking  out  all  after  the 
word  "by",  in  the  fourth  line,  and  inserting  in  place 
thereof  the  words :  —  an  additional  sentence  to  said  farm, 
—  so  as  to  read  as  follows:  —  Section  33.  Whoever  being 
sentenced  to  the  state  farm  escapes  or  attempts  to  escape 
therefrom,  or  from  the  custody  of  the  officer  while  being 


CH.85.]     STATE   INFIRMARY  AND   STATE  FARM,  155 

conveyed  to  said  farm,  may  be  pursued  and  reclaimed; 
and  shall  be  punished  by  an  additional  sentence  to  said 
farm.  [Approved  March  31,  1903. 

For  prohibition  of  willful  disturbance  of  the  State  Farm,  etc., 
see  1909,  255,  p.  160,  infra. 

SECTION  34.    Whoever,  not  being  a  sentenced  inmate  of  Penalty  for 

escape  of 

the  state  farm,  absconds  or  escapes  therefrom  and  within  sentenced0* 
one  year  thereafter   is   found   within   any   city   or   town  l^\  f^\  | }; 
soliciting  public  charity  shall  be  punished  by  imprisonment 
at  the  state  farm. 

SECTION  35.    Complaints  for  violations  of  the  provisions  Complaints 
of  the  preceding  section  and  of  section  twenty-two  may  be  1884, 25$,  §'2. 

ii  i  11        1889.245. 

made  and  prosecuted  by  any  overseer  of  the  poor  or  by  the  jj^,  449,  §  14. 
pauper  institutions  trustees  of  the  city  of  Boston  or  by 
agents,  not  exceeding  twro,  appointed  by  the  state  board  of 
charity  and  designated  for  such  purpose.  The  police  court 
of  Lowell  may,  at  such  times  as  it  appoints,  hold  sessions 
at  Tewksbury  for  the  trial  of  such  complaints  against 
inmates  of  the  state  hospital. 

See  1908,  393,  changing  name  of  Pauper  Institutions  Department 
of  the  city  of  Boston. 

SECTION  36.  The  police  court  of  Lowell  shall  have  Jurisdiction. 
jurisdiction  of  said  offences  concurrent  with  any  other 
court  having  jurisdiction  thereof  if  committed  in  any  part 
of  the  county  of  Middlesex  without  the  district  of  said 
court,  and  the  police  court  of  Lawrence  and  the  first 
district  court  of  Essex  shall  have  the  same  concurrent 
jurisdiction  of  said  offences  if  committed  in  any  part  of  the 
county  of  Essex  without  their  respective  districts. 

SENTENCES  TO  STATE  FARM. 
SECTION  37.    In  imposing  a  sentence  of  imprisonment  at  Sentences  to 

state  farm. 

the  state  farm,  the  court  or  trial  justice  shall  not  fix  or  1898>  443>  §  L 
limit  the  duration  thereof.     Whoever  is  sentenced  to  the 
state  farm  for  drunkenness  may  be  there  held  in  custody 
for  not  more  than  one  year,  and  whoever  is  so  sentenced 


156 


MANUAL  OF  LAWS. 


[Cn.  85. 


Release  on 
probation. 
1862,  189. 
1880,  221,  §  3. 
P.  S.  220,  §  « 
1898,  443,  §  2. 


Return  of 
convict  to 
farm. 

1884,  152,  §  2. 
1898,  443,  §  3. 


R.  L.  85,  §  39, 
amended. 


The  state 
board  of 
charity  may 
order  return 
of  prisoners 
on  permits  or 
issue  further 
permits  to  be 
at  liberty. 


for  any  other  offence  may  be  there  held  in  custody  for  not 
more  than  two  years,  except  as  provided  in  section  thirty- 
three. 

SECTION  38.  If  it  appears  to  the  state  board  of  charity 
that  a  person  serving  a  sentence  at  the  state  farm  has 
reformed,  it  may,  upon  such  conditions  as  it  may  deter- 
mine, issue  to  him  a  permit  to  be  at  liberty  for  the  residue 
of  the  period  for  which  he  might  be  held,  and  may  revoke 
it  at  any  time  previous  to  its  expiration. 

SECTION  39.  [Amended  by  1904,  216,  infra.}  Upon  the  revocation  of 
such  permit,  said  board  may  issue  an  order  for  the  return  of  the  holder 
thereof  to  the  state  farm,  which  may  be  served  by  any  officer  authorized 
to  serve  criminal  process.  Upon  his  return  to  the  state  farm,  the  holder  of 
such  permit  shall  be  detained  for  the  residue  of  the  term  for  which  he  might 
be  held  under  the  provisions  of  section  thirty-seven  and  the  time  between 
his  release  on  permit  and  said  return  shall  not  be  considered  as  any  part 
of  said  term. 

[1904,  216.] 

AN    ACT    RELATIVE    TO    THE    RELEASE    ON   PERMIT   OF   PRIS- 
ONERS  SENTENCED   TO   THE   STATE   FARM. 

SECTION  1.  Section  thirty-nine  of  chapter  eighty-five  of 
the  Revised  Laws  is  hereby  amended  by  adding  at  the  end 
of  said  section  the  words :  —  or,  if  subsequent  to  such 
return  it  shall  be  deemed  advisable  by  said  board,  the 
board  may  issue  to  such  person  further  permits  to  be  at 
liberty  under  the  provisions  of  section  thirty-eight,  and 
subject  to  revocation  as  therein  provided,  —  so  as  to  read 
as  follows:  —  Section  39.  Upon  the  revocation  of  such 
permit,  said  board  may  issue  an  order  for  the  return  of 
the  holder  thereof  to  the  state  farm,  which  may  be  served 
by  any  officer  authorized  to  serve  criminal  process.  Upon 
his  return  to  the  state  farm,  the  holder  of  such  permit 
shall  be  detained  for  the  residue  of  the  term  for  which  he 
might  be  held  under  the  provisions  of  section  thirty-seven 
and  the  time  between  his  release  on  permit  and  said  re- 
turn shall  not  be  considered  as  any  part  of  said  term;  or, 
if  subsequent  to  such  return  it  shall  be  deemed  advisable 
by  said  board,  the  board  may  issue  to  such  person  further 


CH.85.]    STATE  INFIRMARY  AND  STATE  FARM.  157 

permits  to  be  at  liberty  under  the  provisions  of  section 
thirty-eight,  and  subject  to  revocation  as  therein  provided. 
SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  9,  1904- 


SECTION  40.     The   governor,  upon   the  written   recom-  special  dis- 
trict police 

mendation  of  the  state  board  of  charity,  mav  from  time  ?ffi?er,s0-, 

iyui|  loo. 

to  time  appoint  two  or  more  agents  of  said  board  as 
special  district  police  officers,  who  shall  serve  without  pay, 
for  terms  of  three  years  each,  unless  sooner  removed  and 
who  shall  have  authority  to  return  prisoners  to  the  state 
farm,  under  the  provisions  of  the  preceding  section. 

See  1908,  470,  p.  159,  infra. 

ADDITIONAL   LEGISLATION. 

[1904,  278.] 

AN  ACT  RELATIVE  TO  THE  TRANSFER  AND  COMMITMENT  OF 
INSANE   PERSONS   TO   THE   STATE   HOSPITAL. 

SECTION  1.     The  wards  of  the  state  hospital  heretofore  Care,  etc.,  of 

insane  at  state 

used  for  the  care  of  the  insane,  and  such  other  wards  as  it  hospital. 
may  be  found  necessary  to  use  for  that  purpose,  shall  be 
deemed  to  be  wards  of  the  state  hospital,  and  the  state 
board  of  insanity  shall  have  the  same  authority  with 
regard  to  the  transfer  of  insane  inmates  of  such  wards 
which  it  has  over  inmates  of  other  public  institutions  or 
receptacles  for  the  insane,  under  the  provisions  of  section 
eighty-seven  of  chapter  eighty-seven  of  the  Revised  Laws. 

SECTION  2.    Any  inmate  of  the  state  hospital  who  may  Commitment 

"     of  insane 

be  found  to  be  insane  may  be  committed  to  the  state  inmates. 
hospital  in  the  same  manner  in  which  commitments  of 
insane  persons  to  insane  hospitals  are  made. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  30,  1904. 

For  provision  as  to  religious  beliefs  of  inmates,  see  1904,  363, 
p.  182,  infra. 


158 


MANUAL  OF  LAWS. 


[CH.  85. 


Penalty^for 
giving  articles 
to  prisoners 
without  per- 
mission. 


Hospital  for 
prisoners  hav- 
ing tubercular 
disease  to  be 
erected. 


Removal  of 
prisoners,  etc. 


[1905,  258.] 

AN     ACT     TO     PROHIBIT     THE     CONVEYING     OF    DRUGS     AND 
OTHER  ARTICLES   TO   PRISONERS. 

Whoever  gives  or  delivers  to  a  prisoner  in  the  state 
farm,  in  the  temporary  industrial  camp  for  prisoners,  or 
in  any  jail  or  house  of  correction,  any  drug  or  article  or 
thing  whatever,  or  has  in  his  possession  within  the  pre- 
cincts of  any  prison  herein  named  with  intent  to  give  or 
to  deliver  to  any  prisoner  any  such  drug  or  article  or  thing 
without  the  permission  of  the  superintendent,  master  or 
keeper,  as  the  case  may  be,  shall  be  punished  by  a  fine  of 
not  more  than  fifty  dollars  or  by  imprisonment  in  a  jail  or 
house  of  correction  for  not  more  than  two  months.  [Ap- 
proved April  5,  1905. 

[1905,  355.] 

AN  ACT  TO  AUTHORIZE  THE  BOARD  OF  PRISON  COMMIS- 
SIONERS TO  ESTABLISH  A  HOSPITAL  FOR  PRISONERS 
HAVING  TUBERCULAR  DISEASE. 

SECTION  1.  With  the  approval  of  the  governor  and 
council  the  board  of  prison  commissioners  is  hereby  au- 
thorized to  erect  on  the  land  now  occupied  by  the  tempo- 
rary industrial  camp  for  prisoners  at  Rutland,  suitable 
buildings  to  be  used  as  a  hospital  prison  for  the  confine- 
ment and  treatment  of  prisoners  having  tubercular  disease. 

SECTION  2.  When  such  buildings  are  ready  for  occu- 
pancy the  prison  commissioners  may  remove  thereto  any 
male  prisoner  in  the  state  prison,  the  Massachusetts 
reformatory,  the  state  farm,  or  in  any  jail  or  house  of 
correction,  who  appears  by  the  certificate  of  the  prison 
physician  to  be  suffering  from  consumption  or  any  disease 
of  a  tubercular  nature.  They  may  at  any  time  return  to 
the  original  place  of  imprisonment  any  prisoner  so  re- 
moved. A  prisoner  shall  be  held  in  the  place  to  which  he 
is  so  removed  or  returned  according  to  the  terms  of  his 
original  sentence. 


CH.85.]    STATE  INFIRMARY  AND  STATE  FARM.  159 

SECTION  3.     Any  order  for  the  removal  or  return  of  a  Orders  for 

.  -Nii-  removal, 

prisoner   as    provided    herein    mav    be    executed    by    any  escape  of 

prisoners,  etc. 

officer  authorized  to  serve  criminal  process;  and  a  prisoner 
who  makes  an  escape  from  such  officer  while  being  con- 
veyed •  to  or  from  said  hospital  prison,  shall  be  deemed  to 
have  escaped  from  the  prison  to  which  he  was  originally 
committed.  » 

SECTION  4.    A  prisoner  removed  to  said  hospital  prison  Custody,  etc., 

*  of  prisoners 

shall  be  held  in  the  custodv  of  the  superintendent  of  said  removed  to 

hospital 

temporary  industrial  camp  for  prisoners,  and  shall  be  gov-  Prison- 
erned,  employed  and  treated  according  to  such  rules  and 
regulations  as  may  be  established  by  the  board  of  prison 
commissioners  with  the  approval  of  the  governor  and 
council.  Prisoners  held  in  said  hospital  prison  shall  be 
subject  to  all  the  laws  that  are  now  applicable  to  the  tem- 
porary industrial  camp  for  prisoners. 

SECTION  5.     The  prison  commissioners  are  hereby  au-  A  certain  sum 

may  be 

thonzed  to  expend,  with  the  approval  of  the  governor  and  expended. 
council,  a  sum  not  exceeding  twenty-five  thousand  dollars 
out  of  the  State  Prison  Industries  Fund  to  provide  the 
buildings  and  furnishings  for  the  said  hospital  prison. 

SECTION  6.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  1,  1905. 

[1908,  470.] 

AN  ACT  TO  AUTHORIZE  THE  APPOINTMENT  OF  OFFICERS   OF 
THE  STATE  FARAI  AS  SPECIAL  DISTRICT  POLICE  OFFICERS. 

The  governor,  upon  the  written  recommendation  of  the  ^fgrm the 
trustees  and  superintendent  of  the  state  farm,  may  ap-  "^^ea 
point  any  officer  of  the  state  farm  a  special  district  police  poifctoffifers? 
officer  for  a  term  of  three  years  unless  sooner  removed.  etc' 
Such  officer  shall  have  authority  to  perform  any  police 
duty  about  the  premises  of  the  state  farm  and  to  serve 
any  criminal  process  in  connection  therewith.     [Approved 
May  1,  1908. 


160  MANUAL  OF  LAWS.  [CH.SS. 

[1909,  255.] 

AN    ACT    RELATIVE    TO    THE    STATE    FARM    AND    THE    PRISON 
CAMP   AND   HOSPITAL. 

^m^nded  §  Z2'  Section  twenty-two  of  chapter  two  hundred  and  ten  of 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "women",  in  ^ie  second  line,  the  words:  —  the  state 
farm,  the  prison  camp  and  hospital,  —  so  as  to  read  as 
£rbingr  follows:  —  Section  22.  Whoever  wilfully  disturbs  the 
£S£tutkmB.  state  prison,  the  Massachusetts  reformatory,  the  reforma- 
tory prison  for  women,  the  state  farm,  the  prison  camp 
and  hospital,  or  a  jail  or  house  of  correction,  or  in  any 
manner  seeks  to  attract  the  attention  of,  or  without  the 
permission  of  the  officer  in  charge  has  communication 
with,  an  inmate  thereof  shall  be  punished  by  imprison- 
ment for  not  more  than  three  months  or  by  a  fine  of  not 
more  than  fifty  dollars.  [Approved  April  2,  1909. 

[1909,  504,  §  98.] 

AN    ACT    TO    REVISE    AND    CODIFY    THE    LAWS    RELATING    TO 
INSANE   PERSONS. 

?hlngf°osfpital>  SECTION  98.  The  name  of  the  state  hospital  is  hereby 
changed  to  State  Infirmary,  and  the  name  of  the  state 
asylum  for  insane  criminals  is  hereby  changed  to  Bridge- 
water  State  Hospital.  [Approved  June  16,  1909. 

For  act  authorizing  correspondence  by  letter  between  the  Board 
and  inmates  of  institutions  under  its  supervision,  see  1906,  341, 
p.  137,  supra. 

[1911,  104.] 

AN    ACT    RELATIVE    TO    THE     STATE    INFIRMARY    AND    THE 
STATE    FARM. 

R.  L  85,  Chapter    eightv-five    of    the    Revised    Laws    is    hereby 

amended. 

amended  by  striking  out  the  words  "state  hospital", 
wherever  those  words  occur  in  the  said  chapter,  and  insert- 
ing in  place  thereof  the  words :  —  state  infirmary.  [Ap- 
proved March  4,  1911. 


CH.85.]    STATE  INFIRMARY  AND  STATE  FARM.  161 

[1915,  208,  GEN.] 

AN  ACT  RELATIVE  TO  THE  SUPPORT  OF  STATE  CHARGES  IN 
THE  STATE  INFIRMARY  AND  THE  BRIDGEWATER  STATE 
HOSPITAL. 
SECTION  1.     Section  eightv-two  of  chapter  five  hundred  wog,  504  §82, 

amended. 

and  four  of  the  acts  of  the  year  nineteen  hundred  and 

» 

nine  is  hereby  amended  by  inserting  after  the  word 
"charges",  in  the  sixth  line,  the  following:  —  including 
insane  inmates  of  the  state  infirmary  and  insane  inmates  of 
the  Bridgewater  state  hospital  not  under  orders  of  a  court, 
—  so  as  to  read  as  follows :  —  Section  82.  The  price  for 
the  support  of  inmates,  other  than  state  charges,  of  the 
institutions  mentioned  in  section  fourteen,  and  of  the 
Massachusetts  School  for  the  Feeble-blinded,  shall  be 
determined  by  the  trustees  of  the  respective  institutions. 
The  price  for  the  support  of  state  charges,  including  charges  for 

.  .  support  of  state 

insane  inmates  of  the  state  infirmary  and  insane  inmates  charges,  etc. 
of  the  Bridgewater  state  hospital  not  under  orders  of  a 
court,  shall  be  determined  by  the  state  board  of  insanity 
at  a  sum  not  exceeding  five  dollars  per  week  for  each 
person,  and  may  be  recovered  by  the  treasurer  and 
receiver  general  from  such  persons  if  of  sufficient  ability, 
or  from  any  person  or  kindred  bound  by  law  to  maintain 
them.  The  attorney-general  shall  upon  request  of  the  said 
board  bring  action  therefor  in  the  name  of  the  treasurer 
and  receiver  general. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  28,  1915. 


162 


MANUAL  OF  LAWS. 


[1914,  358. 


Commitment 
of  dipso- 
maniacs, etc. 
R.  L.  87, 
§§  59,  60. 
1905,400. 


1909,  504,  §  50, 
amended. 


Commitment 
of  dipso- 
maniacs, etc. 


NORFOLK   STATE  HOSPITAL. 

[1909,  504,  §§  50-54,  56.] 

AN   ACT   TO    REVISE    AND    CODIFY   THE    LAWS    RELATING    TO 
INSANE  PERSONS. 

DIPSOMANIACS,    INEBRIATES,    ETC. 

SECTION  50.  [Amended  by  1914,  558,  and  1915,  73,  Gen.,  infra.]  Any 
of  the  judges  named  in  section  twenty-nine  may  commit  to  the  Foxborough 
state  hospital,  the  McLean  Hospital,  or  to  a  private  licensed  hospital  or 
house,  any  male,  or  to  any  hospital  or  licensed  receptacle,  for  the  insane, 
public  or  private,  except  the  Foxborough  state  hospital,  any  female,  who 
is  subject  to  dipsomania  or  inebriety  either  in  public  or  private  or  who  is 
so  addicted  to  the  intemperate  use  of  narcotics  or  stimulants  as  to  have 
lost  the  power  of  self  control;  but  no  such  commitment  shall  be  made  until 
satisfactory  evidence  is  presented  to  the  judge  by  whom  the  proceedings 
for  commitment  are  heard  that  such  person  is  not  of  bad  repute  or  of  bad 
character  apart  from  such  habits  of  intemperance.  The  magistrate  who 
receives  the  application  for  such  commitment  shall  examine  on  oath  the 
applicant  and  all  other  witnesses,  shall  reduce  the  application  to  writing 
and  cause  it  to  be  subscribed  and  sworn  to  by  the  applicant.  He  shall 
cause  a  summons  and  copy  of  the  application  to  be  served  upon  such  person 
in  the  manner  provided  by  section  twenty-five  of  chapter  two  hundred  and 
seventeen  of  the  Revised  Laws.  Such  person  shall  be  entitled  to  a  hearing, 
unless  after  receiving  said  summons  he  shall  in  writing  waive  a  hearing; 
and  in  that  case  the  magistrate  may  issue  an  older  for  his  immediate  com- 
mitment to  said  hospital  without  such  hearing  if  he  is  of  the  opinion  that 
such  person  is  a  proper  subject  for  its  treatment  and  custody.  The  com- 
mitment may  be  made  forthwith,  if  the  examining  physician  certifies  the 
case  to  be  one  of  emergency.  A  person  committed  as  aforesaid  may  be 
detained  for  two  years  from  the  date  of  his  commitment  and  no  longer. 
[Approved  June  16,  1909. 

[1914,  558.] 

AN  ACT  RELATIVE  TO  THE  COMMITMENT  OF  DIPSOMANIACS,  INEBRIATES  OR 
PERSONS  ADDICTED  TO  THE  INTEMPERATE  USE  OF  NARCOTICS  AND  STIM- 
ULANTS. 

SECTION  1.  [Amended  by  1915,  78,  Gen.,  infra.]  Section  fifty  of  chapter 
five  hundred  and  four  of  the  acts  of  the  year  nineteen  hundred  and  nine  is 
hereby  amended  by  inserting  after  the  word  "twenty-nine",  in  the  second 
line,  the  words :  —  and  the  justices  of  the  municipal  court  of  the  city  of 
Boston,  —  and  by  striking  out  in  the  second  and  sixth  lines  the  word  "Fox- 
borough",  and  inserting  in  place  thereof  in  each  instance  the  word:  —  Nor- 
folk,—  so  as  to  read  as  follows: —  Section  50.  Any  of  the  judges  named 
in  section  twenty-nine  and  the  justices  of  the  municipal  court  of  the  city 
of  Boston  may  commit  to  the  Norfolk  state  hospital,  the  McLean  Hospital, 
or  to  a  private  licensed  hospital  or  house,  any  male,  or  to  any  hospital  or 
licensed  receptacle  for  the  insane,  public  or  private,  except  the  Norfolk 
state  hospital,  any  female,  who  is  subject  to  dipsomania  or  inebriety  either 


1914.358.]        NORFOLK  STATE  HOSPITAL.  163 

in  public  or  private,  or  who  is  so  addicted  to  the  intemperate  use  of  nar- 
cotics or  stimulants  as  to  have  lost  the  power  of  self  control;  but  no  such 
commitment  shall  be  made  until  satisfactoiy  evidence  is  presented  to  the 
judge  by  whom  the  proceedings  for  commitment  are  heard  that  such  person 
is  not  of  bad  repute  or  of  bad  character  apart  from  such  habits  of  intem- 
perance. The  magistrate  who  receives  the  application  for  such  commit- 
ment shall  examine  on  oath  the  applicant  and  all  other  witnesses,  shall 
reduce  the  application  to  writing  and  cause  it  to  be  subscribed  and  sworn 
to  by  the  applicant.  He  shall  cause  a  summons  and  copy  of  the  application 
to  be  served  upon  such  person  in  the  manner  provided  by  section  twenty- 
five  of  chapter  two  hundred  and  seventeen  of  the  Revised  Laws.  Such 
person  shall  be  entitled  to  a  hearing,  unless  after  receiving  said  summons 
he  shall  in  writing  waive  a  hearing;  and  in  that  case  the  magistrate  may 
issue  an  order  for  his  immediate  commitment  to  said  hospital  without 
such  hearing  if  he  is  of  the  opinion  that  such  person  is  a  proper  subject  for 
its  treatment  and  custody.  The  commitment  may  be  made  forthwith,  if 
the  examining  physician  certifies  the  case  to  be  one  of  emergency.  A 
person  committed  as  aforesaid  may  be  detained  for  two  years  from  the 
date  of  his  commitment  and  no  longer. 

SECTION  2.     This   act   shall   take   effect   upon   its  passage.     [Approved 
May  22,  1914. 

[1915,  73,  GEN.] 

AN  ACT  RELATIVE  TO  THE  COMMITMENT  OF  DIPSOMANIACS 
AND  PERSONS  ADDICTED  TO  THE  INTEMPERATE  USE  OF 
NARCOTICS  AND  STIMULANTS. 
SECTION  1.     Section  fifty  of  chapter  five  hundred  and  1009, 504,  §  so, 

.  as  amended 

four  of  the  acts  of  the  year  nineteen  hundred  and  nme,  as  fay  1914, 553, 

amended. 

amended  by  chapter  five  hundred  and  fifty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen,  is  hereby 
further  amended  by  striking  out  the  words  "any  male", 
in  the  fifth  line,  by  striking  out  the  words  "except  the 
Norfolk  state  hospital",  in  the  seventh  line,  and  by  insert- 
ing after  the  word  "any",  in  the  same  line,  the  words:  — 
male  or,  —  so  as  to  read  as  follows :  —  Section  50.  Anv  Commitment 

,>        ,  .      i  ,      .  .  .  ,        ,  "     °f  dipso- 

oi  the  judges  named  in  section  twenty-nine  and  the  maniacs,  etc. 
justices  of  the  municipal  court  of  the  city  of  Boston  may 
commit  to  the  Norfolk  state  hospital,  the  McLean  Hos- 
pital, or  to  a  private  licensed  hospital  or  house,  or  to  any 
hospital  or  licensed  receptacle  for  the  insane,  public  or 
private,  any  male  or  female,  who  is  subject  to  dipsomania 
or  inebriety  either  in  public  or  private,  or  who  is  so 
addicted  to  the  intemperate  use  of  narcotics  or  stimulants 
as  to  have  lost  the  power  of  self  control;  but  no  such 


164  MANUAL  OF  LAWS.  [1914,358. 

commitment  shall  be  made  until  satisfactory  evidence  is 
presented  to  the  judge  by  whom  the  proceedings  for  com- 
mitment are  heard  that  such  person  is  not  of  bad  repute 
or  of  bad  character  apart  from  such  habits  of  intemper- 
ance. The  magistrate  who  receives  the  application  for 
such  commitment  shall  examine  on  oath  the  applicant  and 
all  other  witnesses,  shall  reduce  the  application  to  writing 
and  cause  it  to  be  subscribed  and  sworn  to  by  the  appli- 
cant. He  shall  cause  a  summons  and  copy  of  the  applica- 
tion to  be  served  upon  such  person  in  the  manner  pro- 
vided by  section  twenty-five  of  chapter  two  hundred  and 
seventeen  of  the  Revised  Laws.  Such  person  shall  be 
entitled  to  a  hearing,  unless  after  receiving  said  summons 
he  shall  in  writing  waive  a  hearing;  and  in  that  case  the 
magistrate  may  issue  an  order  for  his  immediate  commit- 
ment to  said  hospital  without  such  hearing  if  he  is  of  the 
opinion  that  such  person  is  a  proper  subject  for  its  treat- 
ment and  custody.  The  commitment  may  be  made  forth- 
with, if  the  examining  physician  certifies  the  case  to  be  one 
of  emergency.  A  person  committed  as  aforesaid  may  be 
detained  for  two  years  from  the  date  of  his  commitment 
and  no  longer. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  17,  1915. 


ffooS-  SECTION  51.  A  person  may  appeal  from  the  order  of 
,'  §  62.  commitment  as  a  dipsomaniac  or  inebriate,  or  as  addicted 
to  the  intemperate  use  of  narcotics  or  stimulants,  to  the 
superior  court  sitting  for  criminal  business  in  the  county 
from  which  he  is  committed,  in  the  manner  provided  by 
section  twenty-eight  of  chapter  one  hundred  and  fifty- 
seven  of  the  Revised  Laws,  but  he  shall  be  held  in  such 
hospital  to  abide  the  final  order  of  the  court  until  he 
recognizes  in  the  manner  provided  in  section  twenty-two 
of  chapter  two  hundred  and  nineteen  of  the  Revised  Laws, 
as  amended.  Upon  such  appeal  the  judge  who  ordered  the 


1914,358.]       NORFOLK  STATE  HOSPITAL.  165 

commitment  may  bind  the  witnesses  by  recognizance  as 
provided  in  chapter  two  hundred  and  seventeen  of  the 
Revised  Laws,  and  shall  make  a  copy  of  the  order  of  com- 
mitment and  other  proceedings  in  the  case  and  transmit 
the  same  with  the  recognizance,  if  any,  to  the  clerk  of  the 
superior  court.  If  the  appellant  so  requests,  an  issue  or 
issues  shall  be  framed  and  submitted  to  a  jury  in  the 
superior  court. 

SECTION  52.  If  the  appellant  fails  to  enter  and  prose- 
cute his  appeal  he  shall  be  defaulted  on  his  recognizance, 
and  the  superior  court  may  enter  an  order  in  like  manner 
as  if  he  had  been  ordered  to  be  committed  by  that  court; 
and  process  may  issue,  if  necessary,  to  bring  him  into 
court  to  be  recommitted. 

SECTION  53.  The  appellant  may  at  any  time  before  the 
copy  of  the  proceedings  has  been  transmitted  to  the 
superior  court  be  brought  personally  before  the  judge  from 
whose  order  the  appeal  was  taken,  and,  at  his  request, 
may  be  permitted  by  the  judge  in  his  discretion  to  with- 
draw his  appeal  and  abide  by  the  order  of  said  judge,  who 
shall  order  that  the  appellant  comply  with  the  order 
appealed  from  in  the  same  manner  as  if  it  were  then 
imposed. 

SECTION   54.     Any   person   who    is    a    dipsomaniac   or  voluntary 

admission?. 

inebriate  or  addicted  to  the  intemperate  use  of  narcotics  woe,  3ie. 
or  stimulants,  who  is  desirous  of  submitting  himself  for 
treatment  in  the  Foxborough  state  hospital,  or  any  hos- 
pital for  the  insane,  or  any  hospital  or  receptacle  licensed 
under  the  provisions  of  section  twenty-four,  and  makes 
written  application  therefor,  may  be  received  by  the 
trustees,  superintendent  or  manager  of  such  hospital  or 
receptacle  and  detained  therein  as  a  boarder  and  patient. 
Such  person  shall  not  be  detained  for  more  than  three 
days  after  having  given  notice  in  writing  of  his  intention 
or  desire  to  leave  the  institution.  The  charges  for  the 
support  of  such  person  in  a  state  institution  shall  be 
governed  by  the  provisions  of  law  applicable  to  the  sup- 


166 


MANUAL  OF  LAWS. 


[1914,  358. 


General  laws 
applicable. 
R.  L.  87,  §  65. 


Purchase  of 
site  for  the 
construction  of 
a  new  hospital 
for  dipso- 
maniacs, etc. 


Expenditure. 


port  of  an  insane  person  in  said  institution,  provided  the 
approval  of  the  state  board  of  insanity  shall  be  obtained 
in  writing. 

SECTION  56.  The  provisions  of  this  chapter  relative  to 
the  commitment  of  insane  persons  to  a  hospital  for  the 
insane  shall,  unless  it  is  otherwise  expressly  provided, 
apply  to  and  govern  commitments  under  the  provisions  of 
sections  fifty  to  fifty-three  inclusive,  except  that  it  shall 
be  specifically  alleged  that  a  person  who  is  committed 
thereunder  is  a  dipsomaniac  or  inebriate  or  is  so  addicted 
to  the  intemperate  use  of  narcotics  or  stimulants  as  to 
have  lost  the  power  of  self  control,  instead  of  alleging 
that  he  is  insane.  [Approved  June  16,  1909. 

[1910,  635.] 

AN  ACT  TO  PROVIDE  FOR  THE  PURCHASE  OF  A  SITE  FOR 
THE  CONSTRUCTION  OF  A  NEW  HOSPITAL  FOR  DIPSO- 
MANIACS. 

SECTION  1.  The  trustees  of  the  Foxborough  state  hos- 
pital are  hereby  authorized  to  purchase  a  site  for  the 
construction  of  a  new  hospital  for  dipsomaniacs  in  such 
cities  or  towns  as  they  may  select,  subject  to  the  approval 
of  the  governor  and  council.  The  said  trustees  may  also 
purchase  any  personal  property  which  may  be  on  the  real 
estate  selected  by  them  for  the  above  purpose.  With  the 
approval  of  the  state  board  of  charity,  they  may  alter  and 
repair  any  buildings  upon  the  property  so  purchased,  and 
may  make  all  contracts  and  employ  all  agents  necessary 
to  carry  out  the  provisions  of  this  act.  Any  reasonable 
expense  incurred  in  the  performance  of  their  duties  under 
this  act  shall  be  paid  from  the  appropriation  for  carrying 
out  the  provisions  hereof.  For  the  above  purpose  a  sum 
not  exceeding  fifty  thousand  dollars  may  be  expended, 
but  no  expenditure  shall  be  made  except  for  the  purchase 
of  real  estate  with  the  personal  property  thereon  as  afore- 
said until  the  state  board'  of  charity  shall  certify  to  the 


1914,358.]        NORFOLK  STATE  HOSPITAL.  167 

governor  and  council  that  in  its  opinion  the  cost  of  pur- 
chasing the  land  and  buildings  and  of  altering  and  repair- 
ing the  same  and  making  them  ready  for  occupancy  will 
not  exceed  fifty  thousand  dollars;  and  the  total  expendi- 
tures made  and  liabilities  incurred  under  this  act  shall 
not  exceed  the  said  amount. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  15,  1910. 

[1912,  ,530.] 

AN     ACT     RELATIVE    TO     THE     NEW    HOSPITAL     FOR    DIPSO- 
MANIACS  IN   THE   TOWNS   OF   NORFOLK   AND   WALPOLE. 

SECTION  1.     The  new  hospital  for  dipsomaniacs  in  the  New  hospital 

for  dipso- 

towns  of  Norfolk  and  Walpole,  wyhich  was  purchased  in  maniacs. 
accordance  with  chapter  six  hundred  and  thirty-five  of  the 
acts  of  the  year  nineteen  hundred  and  ten  and  has  been 
maintained  in  accordance  with  chapter  seven  hundred  and 
fifty-four  of  the  acts  of  the  year  nineteen  hundred  and 
eleven,  shall  be  known  as  the  Norfolk  state  hospital. 

SECTION  2.     All   laws  pertaining  to  the   commitment,  Commitment, 

f  '  admittance, 

admittance,    care,    custody,    treatment    and    discharge    of  etc- 
inebriates  and  habitual  users  of  drugs  which  no\v  apply 
to  the  Foxborough  state  hospital  and  the  patients  therein 
shall  also  apply  to  the  Norfolk  state  hospital  and  the 
patients  therein. 

SECTION  3.    The  Norfolk  state  hospital  shall  be  adminis-  T°  be  under 

the  supervision 

tered  by  the  trustees  of  the  Foxborough  state  hospital,  board  oftate 
under  the  supervision  of  the  state  board  of  charity.    Said  chanty- 
trustees  shall  have  the  same  powers,  including  the  power 
of  appointment  of  officers  and  employees,  and  the  power 
to  make  by-lawrs  and  regulations,  and  shall  be  subject  to 
the  same  duties,  in  regard  to  the  Norfolk  state  hospital, 
which  they  now  have  or  are  now  subject  to  in  regard  to 
the  Foxborough  state  hospital. 

SECTION  4.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  25,  1912. 


168 


MANUAL  OF  LAWS. 


[1914,  358. 


Trustees  of  the 
Norfolk  state 
hospital, 
created. 


All  laws 

regarding 

commitment, 

etc.,  to 

Foxborough 

state  hospital, 

applicable. 


Warrants,  etc., 
by  whom 
served. 


[1914,  358,  §  1.] 

AN  ACT  TO   PROVIDE   FOR  A  NEW  BOARD   OF  TRUSTEES   FOR 
THE   FOXBOROUGH   STATE   HOSPITAL. 

SECTION  1.  From  and  after  the  first  Monday  of  June, 
nineteen  hundred  and  fourteen,  the  trustees  of  the  Fox- 
borough  state  hospital  shall  have  no  further  power  or 
authority  over  the  Foxborough  state  hospital  but  shall 
have  and  continue  to  exercise  the  power  and  authority 
heretofore  given  them  over  the  Norfolk  state  hospital, 
subject  to  the  supervision  of  the  state  board  of  charity, 
and  shall  be  known  as  the  trustees  of  the  Norfolk  state 
hospital.  Said  trustees  shall  have  authority  and  power  to 
make  by-laws  and  regulations  for  the  administration  and 
government  of  the  Norfolk  state  hospital.  All  acts  and 
parts  of  acts  in  regard  to  the  commitment,  admission, 
care,  maintenance,  detention,  release  and  discharge  of 
inebriates  and  persons  addicted  to  drugs  which  have 
heretofore  applied  to  the  Foxborough  state  hospital  shall 
hereafter  apply  to  the  Norfolk  state  hospital.  There  shall 
be  transferred  from  the  Foxborough  state  hospital  to  the 
Norfolk  state  hospital  all  books  and  documents  relating  to 
the  care  of  inebriates  and  of  persons  addicted  to  drugs, 
and  all  records  of  former  patients  at  the  Foxborough  state 
hospital  except  such  persons  as  were  committed  to  said 
hospital  as  insane  persons.  [Approved  April  Id,  1914- 

[1915,  136,  GEN.] 

AN  ACT  RELATIVE   TO   THE   SERVICE   OF   WARRANTS  AND 
PROCESSES    FOR    THE    APPREHENSION    AND    COMMIT- 
MENT OF  INSANE  PERSONS  AND  OTHERS. 
Warrants  and  all  other  processes  which  are  issued  by  a 
judge  for  the  apprehension  or  commitment  of  insane  per- 
sons, or  of  persons  subject  to  dipsomania  or  inebriety,  or 
who  are  addicted  to  the  intemperate  use  of  narcotics  or 
stimulants,    or   of   feeble-minded   persons,    or   of   persons 


CH.86J      STATE  TRAINING  SCHOOLS,   ETC.  169 

subject  to  epilepsy,  may  be  directed  to  and  served  by  a 
court  officer,  by  any  sheriff,  deputy  sheriff,  constable  or 
police  officer,  or  by  any  private  person  whom  said  judge 
may  designate;  and  such  warrants  and  processes  may  run 
into  any  county  in  which  any  of  said  persons  to  be  appre- 
hended or  committed  may  be  found,  and  any  of  such  offi- 
cers or  persons  to  whom  such  warrants  and  processes  are 
directed  may  serve  the  same  in  any  part  of  the  common- 
wealth. [Approved  April  3,  1915. 


STATE  TRAINING  SCHOOLS.     JUVENILE 
OFFENDERS. 

R.  L.  CHAPTER  86. 

OF  THE  LYMAN  SCHOOL  FOR  BOYS,  THE  INDUSTRIAL 
SCHOOL  FOR  GIRLS  AND  THE  REFORMATION  OF 
JUVENILE  OFFENDERS. 

For    act    consolidating    Boards    of    Trustees   of    the    Industrial 
Schools,  see  1911,  566,  p.  218,  infra. 

SECTIONS     1-  9.  —  Trustees,  Superintendents  and  Other  Officers. 
SECTIONS  10-54.  —  Juvenile  Offenders. 

TRUSTEES,  SUPERINTENDENTS  AND  OTHER  OFFICERS. 

SECTION    1.     The   government   of   the   state   industrial  Trustees  of 

Lyman  and 

school  for  girls  at  Lancaster,  and  the  Lyman  school  for  industrial 

"  schools. 

boys  at  Westborough,  and  the  custody  of  all  children  com-  \fl'  l^5' 
mitted  thereto,  shall  be  vested  in  a  board  of  seven  trus-  \fw,  112!  §  2. 
tees,  two  of  whom  shall  be  women,  who  shall  be  known  as  §§T,'  24. ' 
the  trustees  of  the  Lyman  and  industrial  schools.     The  isso;  177,  §  3. 
trustees   shall   be   appointed   by   the   governor,    with   the  76,  §§  1/2. 

1868,  153. 

advice  and   consent   of  the   council,   for   a  term   of  five  }f£f-  }J>6. 

i o / 1 f  i yo ,  §  i . 
years.    Two  members  shall  retire  each  year  for  two  years  p87|  l^y^' 

successively,    and    one    member   a   year   for   three   years  Jfcjjj;  4^; §  1- 
successively.     No  person  who  is  employed  by  the  board  ileVass.  58i. 
and   receives   compensation   shall   be   a   member   thereof. 
The  board  shall  be  a  corporation  for  the  purpose  of  taking, 
holding   and   investing,   in   trust   for   the   commonwealth, 


170  MANUAL  OF  LAWS.  [Cn.se. 

any  grant,  devise,  gift  or  bequest  made  for  the  use  of  any 
institution  of  which  they  are  trustees;  and  they  shall 
succeed  to  the  trusts  and  powers  formerly  held  or  ac- 
quired by  the  boards  of  trustees  and  treasurers  of  the  state 
reform  and  the  state  industrial  schools,  and  shall  retain 
all  the  trusts,  rights,  powers  and  duties  of  the  trustees  of 
the  state  primary  and  reform  schools. 

See  1905,  211,  p.  129,  supra,  establishing  a  new  fiscal  year  for  the 
Commonwealth;  1902,  438,  establishing  a  State  Board  of  Publi- 
cation. 

officers  of  SECTION  2.    The  trustees  shall  annually  elect  a  superin- 

schools. 

18551 442'  §  2'     tendent  and  a  physician  of  each  of  said  schools,  and  shall, 

76,  f  475' S  2:      subject  to  the  approval  of  the  governor  and  council,  fix 

p/s.sM^!0'    their  compensation.     The  superintendent  of  each  school 

shall,  with  the  approval  of  the  trustees,  appoint  the  other 

officers  and  fix  their  compensation;    but  the  amount  paid 

for  such  salaries  shall  not  exceed  in  the  aggregate  the 

appropriation  by  the  general  court  for  the  purpose. 

dStierofnd  SECTION  3.    The  trustees  shall  have  the  control  of  the 

i847?i65,  §  2.     land  and  buildings  of  the  Lyman  and  industrial  schools, 

(ffs.^MZ;      shall  take  charge  of  the  general  interests  of  each  institu- 

1879,291,  §8.     tion,  see  that  its  affairs  are  conducted  according  to  law 

P.  S.  89,  §  8.  . .  ill  i 

and  according  to  such  by-laws  as  they  may  from  time  to 

time    adopt,    and    that    strict    discipline    is    maintained 

therein;    provide  employment  for  the  inmates,  and  bind 

out,  discharge,  or  remand  them,  as  hereinafter  provided; 

exercise   a   vigilant   supervision   over   the   institution,    its 

officers    and    inmates,    and    prescribe    the    duties    of   the 

officers.     The  by-laws  may  be  amended  by  the  assent  of 

five  trustees  at  a  legal  meeting;    but  no  amendment  shall 

be  valid  until  approved  by  the  governor  and  council. 

e?cstrofcboys          SECTION  4.    The  trustees  shall  cause  the  girls  and  boys 

1847,^65,'  §  9.     under  their  charge  to  be  instructed  in  piety  and  morality, 

G.S.  75,' §20;     and  in  such  branches  of  useful  knowledge  as  are  adapted 

p.'s.  89,  §9.      to  their  age  and  capacity;    and  in  some  regular  course  of 

labor,    either   mechanical,    manufacturing,   agricultural   or 

horticultural,  for  the  boys;    or  mechanical,  manufacturing 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  171 

or  horticultural,  and  especially  in  domestic  and  household 
labor  and  duties,  for  the  girls;  or  a  combination  of  these, 
as  may  be  best  suited  to  their  age,  strength,  disposition 
and  capacity;  and  in  such  other  arts,  trades  and  employ- 
ments as  may  seem  to  the  trustees  best  adapted  to  secure 
their  reformation,  amendment  and  future  benefit. 

SECTION  5.    One  or  more  of  the  trustees  shall  visit  each  Examination 

.of  schools, 

school  at  least  once  in  everv  two  weeks.    At  such  time  the  records, 

reports. 

girls  and  boys  shall  be  examined  in  the  school  rooms  and  j^-  ffi  §  is. 
workshops  and  the  registers  shall  be  inspected.     A  record  |fjj£  \07'7f§'2. 
shall  be  kept  of  these  visits  in  the  books  of  the  super-  7^;  fv75' §  25; 
intend ents.    Once  in  every  three  months,  each  school  in  all  p.  s.  89,' §  10. 
its  departments  shall  be  thoroughly  examined  by  a  major- 
ity of  the  trustees,  and  a  report  thereof  made  to  the  board. 
On  or  before  the  fifteenth  day  of  October  in  each  year, 
an  abstract  of  these  quarterly  reports  shall  be  prepared, 
which,  with  a  full  report  by  the  superintendents,  a  list  of 
the  salaried  officers  and  their  salaries,  and  a  copy  of  the 
inventory  required  by  the  provisions  of  section  seven  of 
chapter  eighty-four  shall  be  laid  before  the  governor  and 
council  for  the  information  of  the  general  court. 

SECTION  6.    The  superintendent  of  each  school,  with  the  superintend- 
ents, duties  of. 

subordinate   officers,    shall   have  the   general   charge   and  j^1 443'  f  If 
custody  of  the  inmates  thereof.     He  shall  be  a  constant  f6\  §875"§21: 
resident  at  the  school,   and,  under  the  direction  of  the    ' 
trustees,  shall  discipline,  govern,  instruct  and  employ,  and 
use  his  best  endeavors  to  reform,   the  inmates  in   such 
manner  as  shall,  wyhile  preserving  their  health  and  promot- 
ing their  proper  physical  development,  secure  the  forma- 
tion  of  moral,   religious  and   industrious  habits,   and   of 
regular  and  thorough  progress  and  improvement  in  their 
studies,  trades  and  employments. 

See  1908,  639,  §  6,  p.  209,  infra. 

SECTION  7.     Each  superintendent  shall  before  entering  —bond, 

0   accounts  of, 

upon  his  duties  give  bond  to  the  commonwealth,   with  f£7  165  §  n 
sureties  approved  by  the  governor  and  council,  in  the  sum  1855>  442>  §  21" 


172  MANUAL  OF  LAWS.  [Cn.86. 

G.  s.  75,  §  22;     of  two  thousand  dollars,  conditioned  that  he  shall  faith- 

76,  §  9.  . 

p.  s.  89,  §  12.  fully  perform  all  his  duties  and  account  for  all  money 
received  by  him  as  superintendent.  The  bond  shall  be 
filed  in  the  office  of  the  treasurer  and  receiver  general. 
Each  superintendent  shall  have  charge  of  all  the  property 
of  the  institution  within  the  precincts  thereof.  He  shall 
keep  accounts  of  all  his  receipts  and  expenditures,  and  of 
all  property  intrusted  to  him,  showing  the  income  and 
expenses  of  the  institution;  and  shall  account  to  the  trus- 
tees, in  such  manner  as  they  may  require,  for  all  money 
received  by  him.  His  books  and  all  documents  relative 
to  the  school  shall  at  all  times  be  open  to  the  inspec- 
tion of  the  trustees,  who  shall  at  least  once  in  every  six 
months  carefully  examine  the  books  and  accounts,  and  the 
vouchers  and  documents  connected  therewith,  and  make  a 
record  of  the  result  of  such  examination.  He  shall  keep 
a  register,  containing  the  name,  age  and  circumstances 
connected  with  the  early  history  of  each  girl  or  boy,  and 
shall  add  such  facts  as  come  to  his  knowledge  relative  to 
her  or  his  history  while  at  the  institution,  and  after 
leaving  it. 

See,  as  to  approval  of  bond,  1904,  295;  as  to  expenses  of  bond, 
1908,  469;  as  to  estimates,  etc.,  1907,  271,  520,  p.  137,  supra;  as  to 
accounts,  1908,  195,  597;  and  as  to  Industrial  School  for  Boys,  1908, 
639,  §  6,  p.  209,  infra. 

broks  w?thf  SECTION  8.    The  superintendent  of  the  industrial  school 

i857,e2i5Und'  shall,  under  the  direction  of  the  trustees,  purchase  books 

p.'if.'Jg5,'  |  ii:  with  the  income  and  profits,  and  according  to  the  terms,  of 

the  donation  of  Henry  B.  Rogers. 

entet^make  SECTION  9.  Each  superintendent  shall  make  all  con- 
in1  writing*8  tracts  on  account  of  the  institution  in  writing,  with  the 
1855U42,'  §  22.  approval  of  the  trustees  if  their  by-laws  require  it;  and  he 

G.  S.  75,  §23;  ,.  ,  "     ,      ,  IS       1    •  _J 

76,  §  10.  or  his  successor  mav  sue  or  be  sued  thereon  to  nnal  judg- 

"p  Q  QQ  f        4     t  V  V  O 

ment  and  execution.  No  suit  shall  abate  by  reason  of  the 
office  of  superintendent  becoming  vacant,  but  any  succes- 
sor in  office  may  take  upon  himself  the  prosecution  or 


CH.86.]     STATE  TRAINING  SCHOOLS,  ETC.  173 

defence  thereof;    and  upon  motion  of  the  adverse  party 
and  notice,  he  shall  be  required  so  to  do. 

See  1908,  639,  §  6,  p.  209,  infra. 

JUVENILE  OFFENDERS. 

SECTION  10.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  Commitment, 
infra.]    Boys  under  fifteen  vears  of  age  mav  be  committed  ^de 

1847,  165,  §  4. 

to  the  Lyman   school   by   police,   district  and  municipal  \f£'  $$•  §  8- 


courts  and  trial  justices,   and,   except  in  the  county  of  J 
Suffolk,  by  judges  of  probate.    Girls  under  seventeen  years  1874;  Iss,'  §  *' 


of  age  may  be  committed  to  the  industrial  school  by  said  is?/,  210,  §  5; 

,      ,  ,     .          .  .  ,  211,  §  6. 

courts,  ludges  and  nustices,  except  as  aforesaid,  and,  ex-  P.  s.  89,  §  15. 

.  .  .         1884,  255,  §  11; 

cept  in  the  county  of  Suffolk,  by  commissioners,  as  herein-  323-  § 3- 
after  provided  in  this  chapter. 

See  also,  as  to  habitual  truants,  etc.,  19C6,  389;  as  to  attend- 
ance of  parents,  etc.,  1907,  195;  as  to  arrest,  1907,  362;  1908,  286; 
and  as  to  Industrial  School  for  Boys,  1908,  639,  §  6,  p.  209,  infra. 

SECTION  11.     If,  within  twentv  days  after  the  commit-  Revision  of 

sentence  of 

ment  of  a  boy  to  the  Lyman  school,  the  trustees  have  boys  over 

niteen. 

reason  to  believe  that  at  the  time  of  his  commitment  he  1884>  323>  §  3- 
was  more  than  fifteen  years  of  age,  they  may  apply  to  the 
court  by  which  the  commitment  was  made  for  a  revision  of 
sentence,  and  if  it  finds  that  he  was  not  under  fifteen 
years  of  age  at  the  time  of  his  commitment,  shall  impose 
such  sentence  as  should  have  been  imposed. 

SECTION  12.    Judges  of  probate,  except  in  the  countv  of  Judges  of 

probate  may 

Suffolk,  may  receive  complaints,  issue  warrants,  and  hear  countyaexcept 
cases  against  juvenile  offenders  at  such  times  or  places,  in  fgsf^,  §  9. 

e     ,  i      •  .  •  ,  •  •  187o!  359!  §  13. 

or  out  or  their  respective  counties,  as  convenience  may  p.  s.  89,  §  ie. 
require.     The  judge  of  probate  may  act  in  such  case  for 
the  judge  of  any  other  county,  whether  absent  or  not,  if 
so  requested. 

SECTION  13.    [Superseded  in  part  by  1906, 413, 489,  p.  189,  g*^^®™ 
infra.]     Upon  request  of  the  mayor  and  aldermen,  select-  ^snts  agamst 
men  or  overseers  of  the  poor  of  *a  city  or  town,  except  in  G? s.Vs2 ,' 1 5'. 
the  county  of  Suffolk,  the  governor,  with  the  advice  and 


174 


MANUAL  OF  LAWS. 


[Cn.  86. 


Warrants  to 
apprehend 
boys  and 
girls. 
1855,  442, 
§§  4,  8. 
1859,  286, 
§§  1,  4. 
1861,  200. 

1863,  139,  §  2. 

1864,  202,  §  2. 

1870,  359,  §  7. 

1871,  365. 

1872,  68,  §  5; 
358,  §  4. 

P.  S.  89,  §  18. 
122  Mass.  330. 
127  Mass.  450. 
146  Mass.  492. 
167  Mass.  420. 


Summons 
instead  of 
warrant, 
when. 
1882,  127, 
§§  3,  4. 


Separate  trial 
of  juvenile 
offenders. 
1874,  258,  §  3. 


consent  of  the  council,  shall  appoint  and  commission,  in 
the  same  manner  as  justices  of  the  peace  are  appointed 
and  commissioned,  one  or  more  suitable  persons  residing 
in  such  city  or  town,  who  may  therein  hear  and  determine 
complaints  against  girls  and  make  commitments  to  the 
industrial  school  under  the  provisions  of  this  chapter. 

SECTION  14.  [Superseded  in  part  by  1906, 413, 389,  p.  189, 
infra.]  Upon  complaint  against  any  boy  or  girl  between 
the  ages  of  seven  and  seventeen  years,  for  any  offence  not 
punishable  by  death  or  imprisonment  for  life,  such  court 
or  magistrate  shall  examine  on  oath  the  complainant  and 
the  witnesses  produced  by  him,  shall  reduce  the  complaint 
to  writing  and  cause  it  to  be  subscribed  by  the  complain- 
ant, and  may  issue  a  warrant  reciting  the  substance  of  the 
accusation  and  requiring  the  officer  to  whom  it  is  directed 
forthwith  to  take  the  person  accused  and  bring  him  or  her 
before  said  court  or  magistrate,  to  be  dealt  with  according 
to  law;  and  to  summon  such  witnesses  as  shall  be  named 
therein  to  appear  and  give  evidence  on  the  examination. 

See  references  under  §  10. 

SECTION  15.  [Superseded  in  part  by  1906, 413, 489,  p.  189, 
infra.]  Upon  complaint  against  a  child  under  twelve  years 
of  age  for  an  offence  not  punishable  by  death  or  imprison- 
ment for  life,  except  the  offence  of  being  an  habitual 
truant  or  an  habitual  school  absentee  under  the  provisions 
of  sections  three  and  four  of  chapter  forty-six,  such  court 
or  magistrate  shall,  if  an  examination  is  considered 
necessary,  first  issue  a  summons  to  said  child  requiring 
him  to  appear  before  such  court  or  magistrate  at  the  time 
and  place  named  therein,  and,  if  the  child  fails  to  appear 
as  directed  by  said  summons,  shall  issue  a  warrant  for  his 
arrest. 

See  references  under  §  10. 

SECTION  16.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  Police,  district  and  municipal  courts  shall  try 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  175 

juvenile  offenders   separate  and   apart   from  the  trial   of  is??,  210,  r 5. 
other  criminal  cases,  at  suitable  times  which  shall  be  desig- 
nated  therefor   by    said   courts    and   shall   be   called   the 
session  for  juvenile  offenders,  for  which  a  separate  docket 
and  record  shall  be  kept. 

See  references  under  §  10. 

SECTION  17.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  Proceedings 

before  judge, 

infra.]    If  a  boy  or  a  girl  is  brought  on  a  complaint  under  ?tc. 

!>•>•>,   -t  :_,    §  4* 

the  provisions  of  sections  fourteen  and  fifteen  before  such  cPs^s'le-' 
court  or  magistrate,  a  summons  shall  be  issued  to  his  or  ^0§t  |g9  §  8 
her  father,  if  living  and  resident  within  the  place  where  he  fg'sf,'  n6.§  2°' 
or  she  was  found,  and,  if  not,  then  to  the  mother,  if  she  is  im,  433^  §  24. 
living  and  so  resident;  and,  if  there  is  no  such  father  or 
mother,  then  to  the  lawful  guardian,  if  there  is  one  so 
resident;  if  not,  then  to  the  person  writh  whom,  according 
to  the  statement  of  such  boy  or  girl,  and  such  testimony  as 
shall  be  received,  he  or  she  resides;  and  if  there  is  no  such 
person,  the  court  or  magistrate  may  appoint  a  suitable  per- 
son to  act  in  behalf  of  such  boy  or  girl,  requiring  him  or 
her  to  appear  at  a  time  and  place  stated  in  the  summons 
and  show  cause  why  such  boy  or  girl  should  not  be  com- 
mitted to  the  Lyman  school  or  industrial  school  respec- 
tively. If  the  court  or  magistrate  is  of  the  opinion  that 
such  boy  or  girl  should,  if  guilty,  be  sent  to  a  public  insti- 
tution or  committed  to  the  custody  of  the  state  board  of 
charity,  he  or  it  shall  cause  written  notice  of  such  com- 
plaint to  be  given  by  mail  or  otherwise  to  the  board,  which 
shall  have  an  opportunity  to  investigate  the  case,  attend 
the  trial  and  protect  the  interests  of,  or  otherwise  provide 
for,  the  child. 

See  references  under  §  10. 

SECTION  18.  [Superseded  in  part  by  1906,  413,  489,  p.  189,  gg^1^  £0e 
infra.}  Such  boy  or  girl  of  twelve  years  of  age  or  over,  {gTO^gff^' 
who  is  arrested  on  any  complaint  referred  to  in  sections  fs'sf,' i829?,§§2i.' 
fourteen  and  fifteen,  may  be  held  or  committed  to  jail  by 


170 


MANUAL  OF  LAWS. 


[Cn.  86. 


Disposition  in 
default  of 
bail,  if  under 
twelve. 
1882,  127,  §  2. 


Commitments 
of  young 
children 
limited. 
R.  S.  143,  §  18. 
1859,  286,  §  3. 
G.  S.  174,  §  15. 
1865,  208,  §  1. 


the  officer  having  said  child  in  custody  until  the  time  ap- 
pointed for  the  trial,  unless  admitted  to  bail  as  provided 
in  section  fifty-six  of  chapter  two  hundred  and  seventeen, 
and  the  judge  of  probate,  as  well  as  the  magistrates  named 
in  said  section,  may  admit  to  bail. 

See  references  under  §  10. 

SECTION  19.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.}  A  child  under  twelve  years  of  age  who  is  held  for 
examination  or  trial,  if  unable  to  furnish  bail,  shall  be 
committed  to  the  custody  of  the  state  board  of  charity, 
which  shall  provide  for  his  safe  keeping  and  for  his  appear- 
ance at  his  examination  or  trial  at  the  time  and  place 
named  in  the  mittimus. 

See  references  under  §  10. 

SECTION  20.  [Amended  by  1902,  314,  infra,  but  further  superseded  by 
1906,  418,  §  3,  p.  190,  infra.]  A  child  under  twelve  years  of  age  shall  not 
be  committed  to  a  jail  or  house  of  correction,  to  the  state  farm,  or  to  the 
house  of  correction  at  Deer  Island  in  the  city  of  Boston,  in  default  of  bail, 
or  for  the  non-payment  of  a  fine  or  upon  conviction  of  any  offence  not 
punishable  by  death  or  imprisonment  for  life.  p.  S.  215,  §  IS. 

1882,  127,  §  1.  1890,  440,  §  3.  1896,  536,  §  9. 


R.  L.  86,  §  20, 
amended. 


Commitments 
of  young 
children 
limited. 


[1902,  314.] 

AN   ACT    RELATIVE    TO    THE    COMMITMENT    OF   YOUNG    CHILDREN. 

SECTION  1.  [Superseded  by  1906,  413,  §  3.]  Section  twenty  of  chapter 
eighty-six  of  the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "committed",  in  the  second  line,  the  words:  —  to  a  police  station,  — 
and  by  inserting  after  the  word  "Boston",  in  the  third  line,  the  words:  — 
pending  an  examination,  —  so  as  to  read  as  follows:  —  Section  20.  A  child 
under  twelve  years  of  age  shall  not  be  committed  to  a  police  station,  to  a 
jail  or  house  of  correction,  to  the  state  farm,  or  to  the  house  of  correction 
at  Deer  Island  in  the  city  of  Boston,  pending  an  examination,  in  default  of 
bail,  or  for  the  non-payment  of  a  fine  or  upon  conviction  of  any  offence 
not  punishable  by  death  or  imprisonment  for  life. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  17,  1902. 


State  board 
may  indenture 
child  upon 
request. 

1869,  453,  §  4. 

1870,  359,  §  10. 

1871,  365. 
1876,  121,  §  2. 


SECTION  21.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  The  court  or  magistrate,  before  whom  a  boy  or 
girl  is  brought  on  a  complaint  under  the  provisions  of 
sections  fourteen  and  fifteen,  upon  request  of  the  state 


CH.SG.]     STATE  TRAINING  SCHOOLS,  ETC.  177 

board  of  charity,  may  authorize  said  board  to  take  and  P-  s.  89, 

§§  22,  50. 

indenture,  or  place  in  charge  of  any  person,  or,  if  he  or  she  J8^5^28'  §4944- 
proves  unmanageable,  to  commit  such  boy,  if  under  fifteen 
years  of  age,  to  the  Lyman  school  or  such  girl,  if  under 
seventeen  years  of  age,  to  the  industrial  school,  until  he  or 
she  attains  the  age  of  twenty-one  years.  Said  board  may 
provide  for  the  maintenance,  in  whole  or  in  part,  of  any 
such  boy  or  girl  so  indentured  or  placed  in  charge  of  a 
person.  The  state  board  may  discharge  from  custody  any 
child  who  has  been  committed  to  its  care  under  the  provi- 
sions of  this  section. 

SECTION  22.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  Examination, 

trial, 

infra.]    At  the  time  named  in  the  summons,  such  court  or  ?°™m<i,*m<'nf 

1847,  165,  §  4. 

magistrate  shall  examine  the  boy  or  girl  and  any  person  \fl'^2> 
who  appears  in  answer  to  the  summons,  and  take  such 
testimony  relative  to  the  case  as  may  be  produced.    If  the  iseSs7?'!31 
allegations  are  proved,  and  it  appears  that  the  boy  or  girl  £*.  ^  75,  yr,- 
is  a  suitable  subject  for  the  Lyman  or  industrial  school,  p.6!.^ 
and  that  his  or  her  moral  welfare  and  the  good  of  society  ^  23>  24' 
require  that  he  or  she  should  be  sent  thereto,  for  instruc- 
tion, employment  or  reformation,  a  warrant  of  commit- 
ment shall  be  issued  in  substance  as  follows:  — 

To  the  sheriff  of  our  county  of  M.  ,  or  either  of  his 

deputies,  or  any  constable  or  police  officer  of  the  town  of  B.  , 
in  the  county  of  .  You  are  hereby  commanded  to  take 

charge  of  C.  D.,  a  boy  [or  girl]  between  the  ages  of  seven  and  fif- 
teen [or  seventeen  if  a  girl]  years,  who  has  been  proved  to  be  a 
suitable  subject  for  the  Lyman  school,  [or  state  industrial  school 
for  girls],  and  a  proper  object  for  its  care,  discipline  and  instruc- 
tion, and  deliver  said  boy -[or  girl],  without  delay,  to  the  superin- 
tendent of  said  school,  or  other  person  in  charge  thereof,  at  the 
place  where  the  same  is  established.  And  for  so  doing  this  shall 
be  your  sufficient  warrant. 

Dated  this  day  of  19  ,  at  ,  in  the 

county  of  in  the  commonwealth  of  Massachusetts. 

No  variance  from  said  form  shall  be  considered  material 
if  it  sufficiently  appears  upon  the  face  thereof  that  the  boy 


178 


MANUAL  OF  LAWS. 


[Cn. 


Certificate  of 
residence  and 
age  of  boy  or 
girl. 

1858,  25. 

1859,  286,  §  1. 
G.  S.  76,  §  19. 
P.  S.  89,  §  24. 
146  Mass.  489. 


Commitment, 

of  vagrant 

girls. 

1855,  442,  §  4. 

G.  S.  75, 

§§  6,  7. 

P.  S.  89,  §  25. 

5  Allen,  509. 


Second  com- 
mitments, as 
to. 

1855,  442,  §  6. 
G.  S.  75,  §  10; 
76,  §  22. 
P.  S.  89,  §  26. 


Sentence  of 
boys,  etc., 
unfit  for  such 
schools. 
1859,  286,  §  3. 
G.  S.  76,  §  23. 
1872,  68,  §  5. 
P.  S.  89,  §  27. 


or  girl  is  committed  by  the  court  or  magistrate  in  the 
exercise  of  the  powers  conferred  by  this  chapter.  The 
warrant  may  be  executed  by  any  officer  qualified  to  serve 
civil  or  criminal  process  in  the  county  in  which  the  case  is 
heard.  Accompanying  the  warrant,  the  court  or  magis- 
trate shall  transmit  to  the  superintendent,  by  the  officer 
serving  it,  a  statement  of  the  substance  of  the  complaint 
and  testimony  given  in  the  case,  and  such  other  particulars 
relative  to  the  boy  or  girl  committed  as  can  be  ascertained. 

SECTION  23.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  The  court  or  magistrate  shall  certify  in  such  war- 
rant the  age  of  such  boy  or  girl  as  near  as  can  be  ascer- 
tained, and  the  place  in  which  he  or  she  resided  at  the 
time  of  arrest,  and  such  certificate,  for  the  purposes  of  this 
chapter,  shall  be  conclusive  evidence  of  his  or  her  residence. 

SECTION  24.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  Upon  complaint  that  a  girl  is  'leading  an  idle, 
vagrant  or  vicious  life,  or  has  been  found  in  any  street, 
highway  or  public  place,  in  circumstances  of  want  and 
suffering,  or^of  neglect,  exposure,  abandonment  or  beggary, 
the  proceedings  shall  be  had  which  are  prescribed  in  sec- 
tions seventeen  to  nineteen  and  twenty-one  to  twenty- 
three,  inclusive. 

SECTION  25.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  If  a  boy  or  girl  who  has  been  previously  com- 
mitted to  the  Lyman  or  industrial  school  is  again  brought 
before  such  court  or  magistrate  upon  any  such  complaint, 
the  case  may  be  examined  and  a  warrant  issued  for  a 
recommitment  of  such  boy  or  girl,  without  issuing  the 
summons  required  by  the  provisions  of  section  seventeen. 

SECTION  26.  [Superseded  in  part  by  1906,  413, 489,  p.  189, 
infra.]  If  a  boy  or  girl  who  is  found  guilty  before  a  police, 
district  or  municipal  court,  or  a  trial  justice,  is  not  con- 
sidered a  fit  subject  for  the  Lyman  or  industrial  school,  he 
or  she  shall  be  sentenced  or  bound  over  to  appear  before 
the  superior  court  according  to  the  usual  course  of  criminal 
proceedings. 


Cn.86.]     STATE  TRAINING  SCHOOLS,  ETC.  179 

SECTION  27.  [Superseded  in  part  by  1906,  413,  489,  p.  189,  g£.£°£  °f 
infra.]  If  a  boy  or  a  girl  is  found  guilty  by  the  judge  of  probatf601 
probate  of  any  offence  which  is  not  punishable  bv  a  §§  n,  12.' 

P   S   89 

capital  or  infamous  punishment,  unless  disposed  of  as  pro-  §§28,29. 

.,._..  .    108  Mass.  492. 

vided  in  section  twenty-one,  the  boy  may  be  sentenced  127  Mass.  450. 
and  committed  to  the  Lyman  school  if  under  fifteen  years 
of  age,  or  to  any  institution  established  by  law  for  the 
reformation  of  juvenile  offenders,  and  the  girl  may  be 
sentenced  and  committed  to  the  industrial  school  if  under 
seventeen  years  of  age,  or  in  either  case,  the  judge  may, 
in  his  discretion,  impose  such  other  punishment  as  is  pro- 
vided for  the  offence. 

For  what  must  be  stated  in  the  warrant  for  commitment,  see 
1910,  316. 

SECTION  28.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  ^£2,  §  7. 
infra.]     A  boy  or  girl  who  is  ordered  to  be  committed  to  G5s.275,'§§i22; 
the  Lyman  or  industrial  school,  respectively,  or  sentenced  p.'s.  89,  §30. 
as  aforesaid,  may  appeal  to  the  superior  court,  and  the 
appeal  shall  be  there  entered,  tried,  and  determined  in  like 
manner  and  subject  to  like  provisions  as  appeals  from  trial 
justices  in  criminal  cases. 

SECTION  29.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  SSSor 
infra.]    Warrants  issued  by  judges  of  probate,  trial  justices  of^Hstment 
or  commissioners,  for  the  commitment  of  girls  to  the  indus-  p.6s'.  so!'§  31. 
trial  school,  may  be  returned  to  the  clerks  of  the  superior 
court,  and  all  fees  thereon  shall  be  allowed  in  the  same 
manner  as  expenses  are  allowed  in  criminal  proceedings. 

SECTION  30.    [Superseded  in  part  by  1906,  413,  489,  p.  189,  ^™°n°sf 
infra.]    A  summons  to  appear  before  a  court  or  magistrate  G°  s.^l,1  §§  s- 
as  provided  in  section  seventeen,  unless  service  thereof  is  ises,  139,  §  3. 
waived  in  writing,  shall  be  served  by  a  constable  or  police 
officer  by  delivering  it  personally  to  the  person  to  whom  it 
is  addressed,  or  by  leaving  it  with  a  person  of  sufficient 
age  at  the  place  of  residence  or  business  of  such  person; 
and  said  constable  or  police  officer  shall  immediately  make 
return  to  the  same  court  or  magistrate  of  the  time  and 
manner  of  such  service. 


180 


MANUAL  OF  LAWS. 


[Cn.  86. 


Fees  of  judges 
and  officers. 
1855,  442,  §  10. 
G.  S.  75,  §  11; 
76,  §  25. 
P.  S.  89,  §  33. 


R.  L.  86,  §  31, 
amended. 


Fees  of 
officers,  etc. 


To  take  effect 
July  1,  1904. 


SECTION  31.  [Amended  by  1904,  459,  §  6,  infra.]  The  fees  and  com- 
pensation allowed  to  judges  of  probate  and  commissioners  under  the  pro- 
visions of  this  chapter  shall  be  the  same  as  by  law  are  allowed  to  trial  justices; 
and  all  officers  serving  process  shall  be  allowed  the  same  fees  as  they  are 
entitled  to  for  serving  process  in  criminal  proceedings. 

See  1906,  413,  p.  189,  infra. 

[1904,  459,  §§  6,  7.] 

AN  ACT  RELATIVE  TO  COMMITMENTS  OF  INSANE  PERSONS 
AND  TO  THE  FEES  RECEIVED  THEREFOR. 

SECTION  6.  Section  thirty-one  of  chapter  eighty-six  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  in 
the  first  and  second  lines,  the  words  "Judges  of  probate 
and",  —  so  as  to  read  as  follows:  —  Section  31.  The  fees 
and  compensation  allowed  to  commissioners  under  the 
provisions  of  this  chapter  shall  be  the  same  as  by  law  are 
allowed  to  trial  justices;  and  all  officers  serving  process 
shall  be  allowed  the  same  fees  as  they  are  entitled  to  for 
serving  process  in  criminal  proceedings. 

SECTION  7.  This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  four.  [Approved 
June  9,  1904. 


Boys  convicted 

in  superior 

court  may  be 

sentenced  to 

Lyman  school, 

when. 

1859,  170,  §  3; 

286,  §  4. 

G.  S.  76,  §  26. 

1863,  139,  §  1. 

1864,  202,  §  1. 
1872,  68,  §  5. 
P.  S.  89,  §  34. 
120  Mass.  388. 


Term  of 
detention. 
1847,  165, 
§§  5,  7. 
1855,  442, 
§§  5,  11,  13. 
1859,  286,  §  4. 
G.  S.  75,  §  13; 


SECTION  32.  [Superseded  in  part  by  1906,  413,  489,  p.  189, 
infra.]  If  a  boy  between  the  ages  of  seven  and  fifteen 
years  is  convicted  in  the  superior  court  of  an  offence 
which  is  punishable  by  imprisonment  other  than  imprison- 
ment for  life,  he  may  be  sentenced  to  the  Lyman  school  or 
to  such  punishment  as  is  otherwise  provided  by  law. 
Upon  a  commitment  under  the  provisions  of  this  section, 
the  statement  and  certificate  required  by  sections  twenty- 
two  and  twenty-three  shall  be  made  and  transmitted  as 
therein  provided. 

SECTION  33.  All  boys  and  girls  who  are  committed  to 
the  Lyman  school  or  the  industrial  school  shall  be  there 
kept,  disciplined,  instructed,  employed  and  governed, 
under  the  direction  of  the  trustees,  until  they  attain  the 


CH.se.]      STATE  TRAINING  SCHOOLS,  ETC.  181 

age  of  twenty-one  years,  or  are  bound  out  or  otherwise  re,  §  27. 
legally  transferred  or  discharged.     The  discharge  of  a  boy  ise*!  290! 

I  .  o.  89,  §  35. 

as   reformed,    or   upon    attaining   the   age   of   twenty-one  1895> 428-  § 4- 
years,  shall  be  a  complete  release  from  all  penalties  and 
disabilities  created  by  the  sentence. 

SECTION  34.     [Amended    by    1911,    489,    infra,]     Corporal    punishment  Corporal 
shall  be  permitted  in  the  Lyman  school  only  under  such  rules  and  regu-  ^y'iatecf11 
lations  and  by  such  modes  as  shall  be  prescribed  by  the  trustees.     No  1877,  233. 
such  punishment  shall  be  inflicted  except  by  the  direction  of  the  superin-     '    ' 
tendent  or  assistant  superintendent  in  charge,  to  whom  the  offence  shall 
be  reported,  and  who  shall  designate  the  nature  and  extent  of  punishment 
to  be  inflicted.     In  every  case  of  such  punishment,  a  record  of  the  offence 
'and  the  mode  and  extent  of  the  punishment  shall  be  made  and  presented 
to  the  trustees  at  their  next  meeting. 

For  act  prohibiting  solitary  confinement  see  1911,  265,  p.  218, 
infra. 

[1911,  489.] 

AN     ACT     TO     RESTRICT     CORPORAL     PUNISHMENT     IN     THE 
LYMAN   SCHOOL  FOR   BOYS. 

SECTION  1.     Section  thirty-four  of  chapter  eighty-six  of  R.  L.se,  §34, 

amended. 

the  Revised  Laws  is  hereby  amended  by  adding  at  the 
end  thereof  the  words :  —  Such  punishment  shall  not  be 
inflicted  until  the  expiration  of  twenty -four  hours  after  the 
same  has  been  authorized  as  aforesaid,  and  no  inmate  shall 
be  subjected  to  such  punishment  more  than  once  in  any 
one  day,  —  so  as  to  read  as  follows :  —  Section  34-  Cor- 
poral punishment  shall  be  permitted  in  the  Lyman  school 
only  under  such  rules  and  regulations  and  by  such  modes 
as  shall  be  prescribed  by  the  trustees.  No  such  punish-  pu^^lent 
ment  shall  be  inflicted  except  by  the  direction  of  the  etc- 
superintendent  or  assistant  superintendent  in  charge,  to 
whom  the  offence  shall  be  reported,  and  who  shall  desig- 
nate the  nature  and  extent  of  punishment  to  be  inflicted. 
In  every  case  of  such  punishment,  a  record  of  the  offence 
and  the  mode  and  extent  of  the  punishment  shall  be  made 
and  presented  to  the  trustees  at  their  next  meeting.  Such 
punishment  shall  not  be  inflicted  until  the  expiration  of 
twenty-four  hours  after  the  same  has  been  authorized  as 


182 


MANUAL  OF  LAWS. 


[Cn.  86. 


Chapter 
applicable  to 
boys  and  _ 
girls  convicted 
in  United 
States  courts. 
1868,  274. 
P.  S.  89,  §  37. 


aforesaid,  and  no  inmate  shall  be  subjected  to  such  punish- 
ment more  than  once  in  any  one  day. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  27,  1911. 

SECTION  35.  The  provisions  of  this  chapter  relative  to 
the  Lyman  or  industrial  school  shall  extend  to  boys  and 
girls  who  are  committed  by  authority  of  the  courts  or 
magistrates  of  the  United  States.  1887,426,  §2. 


Release  on 
probation. 
1895,  428, 
§§  3,  4. 


SECTION  36.  [Amended  by  1904,  863,  §  2,  infra.  See  also  1905,  464, 
p.  117,  supra.]  The  trustees  of  the  Lyman  and  industrial  schools  may 
release  on  probation,  and,  with  or  without  indenture,  may,  subject  to  the 
provisions  of  section  fifty-two,  place  children  in  their  custody  in  their  usual 
homes  or  in  any  situation  or  family  which  has  been  investigated  and  ap- 
proved by  said  trustees.  They  may  employ  agents  for  investigating  places 
and  for  visiting  children,  and  immediately  on  placing  such  children  shall 
give  notice  to  the  state  board  of  charity  of  the  name  of  each  child  so  placed 
and  of  the  name  and  residence  of  the  person  to  whose  care  he  is  entrusted. 
They  may,  at  any  time  until  the  expiration  of  the  period  of  commitment, 
resume  the  care  and  custody  of  children  who  are  released  on  probation 
and  recall  them  to  the  school  to  which  they  were  originally  committed. 


R.  L.  86,  § 
amended. 


36, 


Certain 
children  m 
be  released 
probation, 
etc. 


ay 
on 


[1904,  363,  §  2.] 

AN    ACT     RELATIVE     TO     THE     RELIGIOUS    INSTRUCTION     OF 
PRISONERS  AND  OF  CHILDREN  BOUND  OUT  IN  FAMILIES. 

SECTION  2.  Section  thirty-six  of  chapter  eighty-six  of 
the  Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  words :  —  and  the  trustees  shall  bind  out 
children  in  families  or  homes  of  the  religious  belief  of  such 
children,  but,  if  this  be  impracticable,  then  due  regard 
shall  be  had  to  the  locality,  and,  if  practicable,  the  home 
shall  be  such  that  the  children  shall  have  the  opportunity 
to  attend  religious  worship  of  their  own  belief,  —  so  as  to 
read  as  follows:  —  Section  36.  The  trustees  of  the  Lyman 
and  industrial  schools  may  release  on  probation,  and,  with 
or  without  indenture,  may,  subject  to  the  provisions  of 
section  fifty-two,  place  children  in  their  custody  in  their 
usual  homes  or  in  any  situation  or  family  which  has  been 
investigated  and  approved  by  said  trustees.  They  may 
employ  agents  for  investigating  places  and  for  visiting 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  183 

children,  and  immediately  on  placing  such  children  shall 
give  notice  to  the  state  board  of  charity  of  the  name  of 
each  child  so  placed  and  of  the  name  and  residence  of  the 
person  to  whose  care  he  is  entrusted.  They  may,  at  any 
time. until  the  expiration  of  the  period  of  commitment, 
resume  the  care  and  custody  of  children  who  are  released 
on  probation  and  recall  them  to  the  school  to  which  they 
were  originally  committed;  and  the  trustees  shall  bind  out  Religious 
children  in  families  or  homes  of  the  religious  belief  of  such 
children,  but,  if  this  be  impracticable,  then  due  regard 
shall  be  had  to  the  locality,  and,  if  practicable,  the  home 
shall  be  such  that  the  children  shall  have  the  opportunity 
to  attend  religious  worship  of  their  own  belief.  [Approved 
May  23,  1904. 

Further,  ,as  to  religious  beliefs,  see  1905,  464,  p.  117,  and  1912, 
562,  p.  281,  supra. 

SECTION  37.    The  trustees  may  bind  out  as  an  appren-  Binding  out 

•    i  -Aj.     i  a.      j.1      •        i  J.M      i        girls  and  boys. 

tice  or  servant  any  girl  committed  to  their  charge  until  she  1847,  les,  §  s. 

.  1850,  112,  §  1. 

is  eighteen  years  of  age,  and  any  boy  until  he  is  twenty-  i?55^44^' 
one  years  of  age,  or  for  any  less  term;    and  the  trustees,  (f5 s  Vs' 
master  or  mistress,  apprentice  or  servant,  shall  be  subject  yl/f'e20' 
to  the  provisions  of  chapter  one  hundred  and  fifty-five,  in  P'  s' 89>  §  3S' 
the  same  manner  as  if  such  binding  or  apprenticing  were 
made  by  overseers  of  the  poor.     In  binding  out  girls  and 
boys,   the  trustees   shall   have   scrupulous   regard  to  the 
religious  and  moral  character  of  those  to  whom  they  are 
to  be  bound,  that  they  may  secure  to  the  girls  and  boys 
the  benefit  of  a  good  example  and  wholesome  instruction, 
and  the  best  means  of  improvement  in  virtue  and  knowl- 
edge, and  thus  the  opportunity  of  becoming  intelligent, 
moral,  useful  and  happy. 

SECTION  38.    The  master  to  whom  a  girl  is  bound  shall,  Terms  of 

'  indentures  of 

by  the  terms  of  the  indenture,  be  required  to  report  to  the  f^8-  442  §  18 
trustees,  at  least  once  in  every  six  months,  her  conduct  p.' |;  Jl,' §  39.' 
and  behavior,  and  whether  she  is  still  living  under  his  care, 
and,  if  not,  where  she  is. 


184 


MANUAL  OF  LAWS. 


[Cn.  86. 


Terms  of  in- 
dentures of 
girls  and  boys. 
1869,  302,  §  1. 
1879,  291,  §  3. 
P.  S.  89,  §  40. 


Execution  of 
indenture 
not  a  dis- 
charge. 
1869,  302,  §  2. 
P.  S.  89,  §  41. 


Indenture  of 
apprentice- 
ship of  girls 
not  to  be 
assigned. 
1855,  442,  §  15. 
G.  S.  75,  §  16. 
P.  S.  89,  8  42. 


Discharge  of 
girl  when 
master  is 
guilty  of 
cruelty,  etc. 
1855,  442,  §  16. 
G.  S.  75,  §  17. 
P.  S.  89,  §  43. 


SECTION  39.  If  a  minor  is  bound  out  as  an  apprentice 
or  servant  by  the  trustees  of  the  state  hospital  or  the 
trustees  of  the  Lyman  and  industrial  schools,  the  inden- 
ture shall  provide  that,  if  at  any  time  it  appears  to  the 
trustees  by  whom  the  same  is  executed  or  their  successors 
in  office  that  the  further  continuance  of  the  indenture 
will  be  prejudicial  to  the  well-being  of  the  apprentice  or  ser- 
vant, the  board  may  annul  the  indenture  by  giving  written 
notice  to  the  master  of  their  intention  to  cancel  the  same, 
stating  their  reasons  therefor,  and  may  forthwith  remove 
the  said  apprentice  or  servant  from  the  care  and  keeping 
of  the  said  master. 

SECTION  40.  The  execution  of  such  conditional  inden- 
ture shall  not  operate  as  a  discharge  of  the  minor  from 
confinement  under  any  sentence  or  order  of  commitment; 
and  if  any  such  indenture  is  cancelled,  the  trustees  shall 
have  the  same  power  and  authority  relative  to  the  minor 
as  before  it  was  made. 

SECTION  41.  A  person  who  receives  a  girl  as  apprentice 
under  the  provisions  of  this  chapter  shall  not  assign  or 
transfer  the  indenture  of  apprenticeship  nor  let  out  her 
services  for  any  period  without  the  consent  in  writing  of 
the  trustees.  If  the  master  for  any  cause  desires  to  be 
relieved  from  the  contract,  the  trustees  upon  application 
may  in  their  discretion  cancel  the  indenture  and  resume 
the  charge  and  management  of  the  girl,  and  shall  have  the 
same  power  and  authority  relative  to  her  as  before  the  in- 
denture wras  made. 

SECTION  42.  If  a  master  is  guilty  of  cruelty  or  mis- 
usage  toward  a  girl  so  bound  to  service,  or  of  any  violation 
of  the  terms  of  the  indenture,  the  girl  or  trustees  may 
make  complaint  to  a  court,  judge,  trial  justice  or  commis- 
sioner aforesaid,  who  shall  summon  the  parties  before  him 
and  examine  into  the  complaint;  and  if  it  appears  to  be 
well  founded,  he  shall  by  certificate  under  his  hand  dis- 
charge the  girl  from  all  obligations  of  future  service,  and 
restore  her  to  the  school  to  be  held  as  before  her  indenture. 


cn.86.]      STATE  TRAINING  SCHOOLS,  ETC.  185 


SECTION  43.     Upon  the  death  of  the  master  to  whom  a  Assignment  of 

.        .  .  ...  indenture  on 

girl  is  so  bound  to  service,  his  executor  or  administrator,  death  of 

master. 

with  the  consent  of  the  girl  in  writing,  acknowledged  by  Q5|  44f '  f /J' 
her  and  approved  by  the  trustees,  may  assign  the  inden-  p-  s- 89- §  44- 
ture  to  some  other  person.    Such  assignment  shall  transfer 
to  and  vest  in  the  assignee  all  rights  and  subject  him  to  all 
responsibilities  of  the  original  master. 

SECTION  44.  The  trustees  may  discharge  and  return  to  d^^gVboys 
his  parents,  guardian  or  protector  any  boy  who,  in  their  °T&5f^2i  §  12. 
judgment,  is  physically  or  mentally  unfit  to  remain  in  the  p.'s.'sa.'f  #.' 

loon     10Q 

school,  and  they  shall  discharge  and  return  to  her  parents, 
guardian  or  protector,  any  girl  who,  in  their  judgment, 
ought  for  any  cause  to  be  removed  from  the  school.  In 
such  case  the  trustees  shall  make  an  entry  upon  their 
records  of  the  name  of  such  boy  or  girl,  the  person  to 
whom  he  or  she  was  returned,  the  date  when  he  or  she 
was  discharged  from  the  custody  of  the  school  and  a 
statement  of  the  reasons  for  his  or  her  discharge.  They 
shall  forthwith  transmit  a  copy  of  such  record  signed  by 
their  secretary  to  the  court,  judge,  trial  justice  or  commis- 
sioner by  whom  the  boy  or  girl  was  committed. 

For  sufficiency  of  age  and  schooling  certificates,  see  1909,  514, 
§  59,  p.  215,  infra.  For  further  provision  as  to  discharge,  see  1915, 
113,  Gen.,  §§  1,  2,  p.  226,  infra. 

SECTION  45.     The   trustees   shall   be   the   guardians  of  ^act^s 
every  girl  so  bound  or  held  for  service,  and  shall  take  care  fhaslifs-8  ° 
that  the  terms  of  the  contract  are  faithfully  fulfilled  and  boumiout. 
that  she  is  properly  treated.    They  shall  especially  inquire  G.  s.  75,' §  19.' 

1863,  184,  §  2. 

into   the   treatment   of    every   such   girl,    and   cause   any  P-  s.  89,  §  46. 

grievance  to  be  redressed.    If  girls  under  twenty-one  years 

of  age  who  are  discharged  from  the  industrial  school  have 

no  parents  or  guardian,  the  trustees  shall  act  as  guardians 

for  them,  with  all  the  power  and  authority  conferred  by 

the  provisions  of  chapter  one  hundred  and  forty-five. 

For  further  provision  as  to  guardianship,  see  1915,  113,  Gen., 
§  3,  p.  226,  infra. 


186  MANUAL  OF  LAWS.  [CH.SG. 

hosSr  to  SECTION  46.  [Superseded  in  part  by  1914,  762,  §  2,  p.  225, 
i89<U58.etc  infra.]  The  state  board  of  insanity  may,  upon  the  request 
of  the  trustees  of  the  Lyman  and  industrial  schools,  trans- 
fer from  either  of  said  schools  to  the  hospital  cottages  for 
children  or  to  the  Massachusetts  school  for  the  feeble- 
minded any  inmate  whose  condition  would  be  benefited  by 
such  transfer,  upon  a  certificate  of  a  physician  that  such 
person  is  a  suitable  subject  for  treatment  at  either  of  the 
last  named  institutions. 

Kous£re          SECTION   47.     The   trustees   may   expend   any   money 
f^dusftriai         which  may  be  given  for  the  purpose  in  erecting  houses  or 
G.  S?  75,  §  26.     other  buildings  on  the  land  of  the  commonwealth  at  Lan- 
caster, for  increasing  the  accommodation  of  the  industrial 
school,   if  the  plans  therefor  are  first  approved  by  the 
governor  and  council. 

See  1907,  520,  p.  138,  supra. 

TOmm?tm°efnts,        SECTION  48.     A  judge  of  probate  or  a  commissioner 

?etur^d  to       before  whom  a  child  is  brought  under  the  provisions  of 

isesTm00"       sections    seventeen   and   twenty-five   shall   make   a    brief 

record  of  his  doings,  and  transmit  it  and  all  the  papers  in 

the  case  to  the  superior  court  in  the  county  in  which  such 

proceedings  are  had;    and  the  clerk  thereof  shall  file  and 

preserve  the  same  in  his  office. 

See  1906,  413,  489,  p.  189,  imra. 

sSetdeto°8atradteto        SECTION  49.     The  state  board  of  charity  may  send  to 
whTn^'  the  state  hospital  any  juvenile  offender  in  its  custody,  or, 

1899   193 

upon  the  request  of  the  trustees  of  the  Lyman  and  indus- 
trial schools,  any  juvenile  offender  in  their  custody  who  is 
in  need  of  hospital  treatment.  A  juvenile  offender  so 
transferred  shall  be  subject  to  the  regulations  of  the  state 
hospital  and  shall  be  in  the  exclusive  custody  of  the 
superintendent  and  trustees  thereof  until  they  determine 
that  he  has  sufficiently  recovered  to  be  returned  to  the 
place  of  his  former  custody.  Thereupon,  they  shall  so 
certify  upon  the  warrant  of  commitment  and  give  notice 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  187 

in  writing  to  the  state  board  of  charity,  which,  upon 
receipt  of  such  notice,  shall  cause  such  juvenile  offender 
to  be  returned  to  their  custody,  or,  if  he  was  originally 
transferred  from  the  Lyman  or  industrial  school,  to  be 
returned  to  the  custody  of  the  trustees  of  those  institu- 
tions, there  to  remain  pursuant  to  the  original  sentence  in 
each  case. 

SECTION  50.     The  state  board  of  charitv  shall  at  least  state  board 

annually 

once  a  year  visit  all  children  who  are  maintained  wholly  or  {^d™1^.^ 
in  part  by  the  commonwealth,  or  who  have  been  inden-  1^359,  §  2. 
tured  or  placed  in  charge  of  a  person  by  any  state  institu-  \ll\\  i™;  f  1; 
tion,  board  or  officer  of  the  commonwealth,  or  under  any 
provision   hereof,   and   all   minor   children   who   are   sup- 
ported at  the  expense  of  any  city  or  town.    It  shall  inquire 
into  the  condition  of  such  children,  and  make  such  other 
investigations  relative  thereto  as  it  may  think  fit;  and  for 
this  purpose  it  may  have  private  interviews  with  such 
children  at  any  time. 

For  act  relating  to  correspondence  between  inmates  of  institu- 
tions and  the  State  Board,  see  1906,  341,  p.  137,  supra. 

SECTION  51.    If  the  state  board  of  charity  is  of  opinion  —may cancel 

indentures,  or 

that  a  child  so  indentured  or  placed  in  charge  of  a  person  j^f/when 
cannot,  with  advantage  to  the  child,  be  longer  so  held,  it  {jj^l  370]  §  I'. 
may  cancel  the  indenture  or  contract  by  giving  notice  as  p.7s.89l'/54. 
provided  in  section  thirty-nine,  and  return  such  child  to 
the  institution  from  which  he  was  indentured  or  taken;  or, 
on  application  of  such  institution,  the  state  board  may 
transfer  him  to  any  other  institution  maintained  by  the 
commonwealth  for  the  support  or  reformation  of  children, 
indenture  him  to  some  other  person  or  otherwise  provide 
for  his  maintenance  during  minority,  or  for  a  less  time. 
The  cancellation  of  the  indenture  or  contract  shall  not 
operate  as  a  discharge  of  the  minor  under  any  sentence 
or  order  of  commitment. 

SECTION  52.     A  child  shall  not  be  indentured,  adopted  "tffied  before 
or  placed  in  charge  of  any  person  from  a  state  institution  childls 


188 


MANUAL  OF  LAWS. 


[Cn.  86. 


indentured, 

etc. 

1870,  359,  §  4. 

1879,  291,  §  3. 

P.  S.  89,  §  55. 


State  board 
to  procure 
adoption  of 
children,  etc. 
1870,  359,  §  5. 
1879,  291,  §  3. 
P.  S.  89,  §  56. 


Aid  for 

destitute 

girls. 

Res.  1863,  56. 

P.  S.  89,  §  57. 


The  treasurer 
and  receiver 
general  to 
receive,  etc., 
certain  trust 
funds. 


until  notice  of  an  application  therefor  has  been  given  to 
the  state  board  of  charity  and  until  its  report  in  writing, 
made  after  investigation  into  the  propriety  thereof,  has 
been  filed  with  such  institution.  All  applications  for  the 
release  or  discharge  of  any  children  so  indentured  or  placed 
in  charge  shall  in  like  manner  be  given  to  the  state  board 
for  its  report. 

SECTION  53.  The  state  board  of  charity  shall  seek  out 
suitable  persons  who  are  willing  to  adopt,  take  charge  of, 
educate  and  maintain  children  arrested  for  offences,  com- 
mitted to  a  state  institution,  abandoned  or  neglected,  and 
give  notice  thereof  to  the  institutions,  boards,  officers  or 
persons  having  authority  so  to  dispose  of  said  children. 

SECTION  54.  The  trustees  may  annually  pay,  out  of  the 
amount  appropriated  for  the  current  expenses  of  the  indus- 
trial school,  not  more  than  two  hundred  dollars  in  aiding 
destitute  and  deserving  girls  who  have  left  the  school  and 
are  out  of  employment. 

ADDITIONAL   LEGISLATION. 

[1906,  407.] 

AN  ACT  TO  AUTHORIZE  THE  TREASURER  AND  RECEIVER 
GENERAL  TO  RECEIVE  AND  INVEST  THE  TRUST  FUNDS 
OF  THE  TRUSTEES  OF  THE  LYMAN  AND  INDUSTRIAL 
SCHOOLS. 

SECTION  1.  The  treasurer  and  receiver  general  is  hereby 
authorized  to  receive  from  the  treasurer  of  the  trustees  of 
the  Lyman  and  the  industrial  schools  the  principal  of  the 
various  trust  funds  now  held  by,  or  hereafter  conveyed  or 
bequeathed  to  the  said  trustees  for  the  use  of  any  institu- 
tion of  which  the  said  board  is  or  shall  be  trustees,  and 
upon  the  request  of  said  trustees  he  shall  expend  the  in- 
come of  all  such  funds,  and  such  part  of  the  principal  as 
may  be  subject  to  the  control  of  said  trustees,  in  such 
manner  as  the  trustees  may  direct,  subject  to  any  condi- 
tion affecting  the  administration  thereof.  The  said  funds 
shall  always  be  invested  safely  by  the  treasurer  and 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  189 

receiver  general,  and  he  shall  be  held  responsible  for  the 
faithful  management  of  the  same,  in  the  same  manner 
as  for  other  funds  held  by  him  in  his  official  capacity. 

SECTION  2.    The  treasurer  and  receiver  general  is  hereby  Funds  to  be 

i        •        i  .  i     i      i  i  •  i  r>         i        •  i        held  in  same 

authorized  to  receive  and   hold  said   trust  funds   in  the  form  as  now 

.  .  invested. 

form  in  which  the  same  are  now  invested,  and  with  the 
approval  of  the  governor  and  council  he  may  sell  from 
time  to  time  such  of  the  securities  as  he  may  deem  it  best 
to  sell,  re-investing  the  proceeds  in  securities  which  are 
legal  investments  for  the  sinking  funds  of  the  common- 
wealth. 

SECTION  3.     Bills  for  the  expenditure  of  the  income  or  siiisfor 
any  portion  of  the  principal  thereof,  as  provided  for  by  the  to  be  filed 

with  the 

various  trusts,  and  requests  tor  payments  thereof,  shall  be  auditor. 
filed  with  the  auditor  of  the  commonwealth,  who  shall 
certify  the  same  to  the  governor  and  council  in  accordance 
with  existing  lawTs. 

SECTION  4.     All  such  trust  funds  now  existing  shall  be  Limit  of  time 

for  paying 

paid  over  by  the  said  trustees  to  the  treasurer  and  receiver  °^er  funds- 
general  on  or  before  the  first  day  of  June  in  the  year  nine- 
teen hundred  and  six. 

SECTION  5.     Except  as  otherwise  provided  herein  this  when  to  take 

effect. 

act  shall  take  effect  upon  its  passage.  [Approved  May  21, 
1906. 

[1906,  413.] 

AN     ACT     RELATIVE     TO     DELINQUENT     CHILDREN. 

[Superseded  in  part  by   1906,   J+89.     See   also   1907,   158; 

1908,  639,  infra.] 
SECTION  1.     The  word  "court",  whenever  used  in  this  The  word 

court 

act,  shall  be  construed  to  mean  a  police,  district  or  munici-  defined- 
pal  court,  or  a  trial  justice. 

The   words   "probation   officer"   shall   be   construed   to  The  words 

,  .  .  "probation 

mean  a  probation  officer  or  assistant  probation  officer  of  °f^eT'' 

defined. 

the  court  having  jurisdiction  of  the  pending  case. 

The  term  "delinquent  child"  shall  be  construed  to  mean  The  term 

"delinquent 

any  boy  or  girl  between  the  ages  01  seven  and  seventeen  child" 

defined. 

years,  who  violates  any  city  ordinance  or  town  by-law,  or 


190 


MANUAL  OF  LAWS. 


[Cn.  86. 


The  words 
"wayward 
child"  defined. 


The  intent  of 
the  act 
construed. 


Complaint, 
etc. 


Summons  to 
issue,  etc. 


Commitment, 
etc. 


commits  an  offence  not  punishable  by  death  or  by  impris- 
onment for  life. 

The  words  "wayward  child"  shall  be  construed  to  mean 
a  boy  or  girl  between  seven  and  seventeen  years  of  age 
who  habitually  associates  with  vicious  or  immoral  persons, 
or  who  is  growing  up  in  circumstances  exposing  him  or  her 
to  lead  an  immoral,  vicious  or  criminal  life. 

SECTION  2.  This  act  shall  be  liberally  construed  to  the 
end  that  the  care,  custody  and  discipline  of  the  children 
brought  before  the  court  shall  approximate  as  nearly  as 
possible  that  which  they  should  receive  from  their  parents, 
and  that,  as  far  as  practicable,  they  shall  be  treated,  not 
as  criminals,  but  as  children  in  need  of  aid,  encouragement 
and  guidance.  Proceedings  against  children  under  this  act 
shall  not  be  deemed  to  be  criminal  proceedings. 

SECTION  3.  If  complaint  is  made  to  any  court  that  a 
boy  or  girl  between  the  ages  of  seven  and  seventeen  years 
is  a  wayward  child  or  a  delinquent  child,  said  court  shall 
examine  on  oath  the  complainant  and  the  witnesses,  if 
any,  produced  by  him,  and  shall  reduce  the  complaint  to 
writing,  and  cause  it  to  be  subscribed  by  the  complainant. 

If  said  child  is  under  fourteen  years  of  age,  said  court 
shall  first  issue  a  summons  requiring  it  to  appear  before 
such  court  at  the  time  and  place  named  therein,  and  such 
summons  shall  be  issued  in  all  other  cases,  instead  of  a 
warrant,  unless,  in  the  judgment  of  the  court,  there  is 
reason  to  believe  that  he  or  she  will  not  appear  upon  a 
summons,  in  which  case,  or  in  any  case  in  which  a  child 
has  been  summoned  as  aforesaid  and.  did  not  appear,  said 
court  may  issue  a  warrant  reciting  the  substance  of  the 
complaint,  and  requiring  the  officer  to  whom  it  is  directed 
forthwith  to  take  such  child  and  bring  it  before  said  court 
to  be  dealt  with  according  to  law,  and  to  summon  such 
witnesses  as  shall  be  named  therein  to  appear  and  give 
evidence  at  the  examination. 

A  child  under  fourteen  years  of  age  shall  not  be  com- 
mitted to  a  lock-up,  police  station  or  house  of  detention, 


CH.86.]     STATE  TRAINING  SCHOOLS,  ETC.  191 

to  a  jail  or  house  of  correction,  to  the  state  farm,  or  the 
house  of  correction  at  Deer  Island  in  the  city  of  Boston, 
pending  an  examination,  in  default  of  bail,  or  for  the 
non-payment  of  a  fine,  except  as  provided  in  sections  five 
and  nine,  or  upon  conviction  of  any  offence  not  punishable 
by  death  or  imprisonment  for  life:  provided,  that  a  boy  Proviso. 
twelve  years  of  age  or  over,  arrested  in  the  act  of  violating 
a  law  of  the  commonwealth,  or  on  a  warrant,  may,  in 
the  discretion  of  the  arresting  officer,  be  committed  to  a 
lock-up,  police  station  or  house  of  detention. 

Whenever  a  child  under  seventeen  years  of  age  has  been  Probation 

.  J  officer,  etc., 

committed  to  a  lock-up,  police  station  or  house  of  deten-  to  be  notified. 

tion  the  probation  officer  and  at  least  one  of  its  parents, 

and,  if  there  is  no  parent,  then  the  person  with  whom  such 

child  resides,  shall  be  notified  at  once  of  said  commitment. 

The  officer  of  the  place  of  custody  in  which  such  child  is 

confined,  on  the  written  request  of  the  probation  officer, 

shall  release  such  child  to  him,  unless  the  officer  who  made 

the   commitment   shall   make   a   written   request   for   his 

detention.     Said  probation  officer  shall  notify  such  child 

of  the  time  and  place  of  the  hearing  of  its  case. 

SECTION  4.  [Supplemented  by  1907,  195,  p.  202,  infra.]  SX^ut 
If  a  boy  or  girl  is  brought  before  such  court  upon  a  of  ohlld<  etc' 
warrant,  or  has  been  summoned  to  appear,  as  provided  in 
the  preceding  section,  a  summons  shall  be  issued  to  at 
least  one  of  its  parents,  if  either  of  them  is  known  to  reside 
within  the  city  or  town  where  such  child  was  found,  and, 
if  there  is  no  such  parent,  then  to  its  lawful  guardian,  if 
there  is  one  known  to  be  so  resident,  and  if  not,  then  to 
the  person  with  whom  such  child  resides,  if  known.  Said 
summons  shall  require  the  person  upon  whom  it  is  served 
to  appear  at  a  time  and  place  stated  therein,  and  show 
cause  why  such  boy  or  girl  should  not  be  adjudged  a  way- 
ward or  delinquent  child,  as  the  case  may  be.  If  there  is 
no  such  parent,  guardian  or  person  who  can  be  summoned 
as  aforesaid,  the  court  may  appoint  a  suitable  person  to 
act  in  behalf  of  such  child. 


192 


MANUAL  OF  LAWS. 


[Cn.  £6. 


Time  for 
appearance. 


How  summons 
shall  be 
served. 


Agent  of 
state  board  of 
charity  to 
attend 
proceedings. 


Hearings  may 
be  adjourned. 


Appeal. 


Care  of  child 
held  for 
examination. 


If  such  child  is  summoned,  the  time  for  appearance  fixed 
in  the  summons  to  a  parent,  guardian  or  other  person,  as 
herein  provided,  shall,  when  practicable,  be  the  same  as 
that  fixed  for  the  appearance  of  said  child. 

A  summons  required  by  this  act,  unless  service  thereof  is 
waived  in  writing,  shall  be  served  by  a  constable  or  police 
officer,  by  delivering  it  personally  to  the  person  to  whom 
it  is  addressed,  or  by  leaving  it  with  a  person  of  proper  age 
to  receive  the  same,  at  the  place  of  residence  or  business  of 
such  person;  and  said  constable  or  officer  shall  immedi- 
ately make  return  to  the  court  of  the  time  and  manner 
of  the  service. 

If  the  court  shall  be  of  opinion  that  the  interests  of  an 
alleged  wayward  or  delinquent  child  require  the  attend- 
ance, at  any  proceedings,  of  an  agent  of  the  state  board  of 
charity,  and  shall  request  such  attendance,  of  said  board, 
an  agent  thereof  shall  attend  such  proceedings,  to  protect 
the  interests  of  said  child. 

SECTION  5.  Hearings  upon  cases  arising  under  this  act 
may  be  adjourned  from  time  to  time.  A  child  that  has 
been  adjudged  by  the  court  a  wayward  or  delinquent  child 
may  appeal  to  the  superior  court,  and  such  child  shall,  at 
the  time  of  such  adjudication,  be  notified  of  its  right  to 
appeal.  The  appeal,  if  taken,  shall  be  entered,  tried  and 
determined  in  like  manner  as  appeals  from  trial  justices 
in  criminal  cases.  The  provisions  of  section  thirty-four  of 
chapter  two  hundred  and  seventeen,  and  of  section  twenty- 
two  of  chapter  two  hundred  and  nineteen  of  the  Revised 
Laws,  relative  to  recognizances  in  cases  continued  or 
appealed,  shall  be  applicable  in  cases  arising  under  this 
act. 

A  child  under  fourteen  years  of  age,  who  has  been  held 
for  examination  or  trial,  or  to  prosecute  an  appeal  to  the 
superior  court,  if  unable  to  furnish  bail,  shall  be  committed 
to  the  care  of  the  state  board  of  charity  or  of  a  probation 
officer.  The  person  to  whose  care  it  is  so  committed  shall 
provide  for  its  safe  keeping  and  for  its  appearance  at  its 
examination  or  trial,  or  at  the  prosecution  of  its  appeal. 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  193 

A  child  fourteen  or  more  years  of  age,  so  held,  if  unable  May  be 

committed  to 

to  furnish  bail  shall  be  so  committed  to  a  probation  officer,  Jail  in  certain 

'  cases. 

unless  the  court,  upon  immediate  inquiry,  shall  be  of 
opinion  that,  if  so  committed,  such  child  will  not  appear 
at  such  examination  or  trial,  in  which  case  said  child  may 
be  committed  to  jail. 

Said  probation  officer  shall  have  all  the  authority,  rights  Authority  of 

i       .  iMi  •  i  •  probation 

and  powers,  in  relation  to  a  child  committed  to  his  care  officer. 
under  this  section,  and  in  relation  to  a  child  released  to 
him,  as  provided  in  section  three,  which  he  would  have  if 
he  were  surety  upon  the  recognizance  of  such  a  child. 

SECTION  6.     Courts  shall  designate  suitable  times  for  court  to 
the  hearing  of  cases  of  juvenile  offenders,  and  wayward  or  timffor 
delinquent  children,  which  shall  be  called  the  session  for 
children,  for  wrhich  a  separate  docket  and  record  shall  be 
kept.    Said  session  shall  be  separate  from  that  for  the  trial 
of  criminal  cases,  and  as  far  as  practicable  shall  be  held  in 
rooms  not  used  for  such  trials.    No  minor  shall  be  allowed 
to  be  present  at  any  such  hearing  unless  his  presence  is 
necessary,  either  as  a  party  or  as  a  witness,  or,  in  the 
opinion  of  the  court,  in  the  interests  of  justice. 

SECTION  7.     Every  case  of  a  wayward  child  or  a  delin-  investigation 

i  *»  i      i     11   i        •  .  i  i  ,.  rr>  °f  cases,  etc. 

quent  child  shall  be  investigated  by  the  probation  officer, 
who  shall  make  a  report  regarding  the  character  of  such 
child,  his  school  record,  his  home,  his  surroundings  and  the 
previous  complaints  against  him,  if  any.  He  shall  be 
present  in  court  at  the  trial  of  the  case,  and  furnish  the 
court  with  such  information  and  assistance  as  shall  be 
required.  At  the  end  of  the  probation  period  of  a  child 
that  has  been  placed  on  probation,  the  officer  in  whose 
care  it  has  been  shall  make  a  report  as  to  its  conduct 
during  such  period. 

SECTION  8.     At  the  hearing  of  a  complaint  against  a  court  to 
child  the  court  shall  examine  such  child,  and  any  witnesses  cases,  etc. 
that  appear,  and  take  such  testimony  relative  to  the  case 
as  shall  be  produced.     If  the  allegations  against  a  child 
are  proved,  it  may  be  adjudged  a  wayward  or  delinquent 
child,  as  the  case  may  be. 


194 


MANUAL  OF  LAWS. 


[Cn.  86. 


Wayward 
child  may  be 
placed  in  care 
of  probation 
officer. 


Care  of 
delinquent 
child,  etc. 


May  be  com- 
mitted to 
institution. 


Court  to 
make  disposi- 
tion of  cases. 


If  a  child  is  adjudged  a  wayward  child,  the  court  may 
place  it  in  the  care  of  a  probation  officer  for  such  time  and 
upon  such  conditions  as  may  seem  proper,  or  may  deal 
with  it  in  the  manner  provided  by  law  for  the  disposal  of 
the  case  of  a  neglected  child. 

If  a  child  is  adjudged  a  delinquent  child,  the  court  may 
place  the  case  on  file,  or  may  place  the  child  in  the  care  of 
a  probation  officer  for  such  time  and  on  such  conditions  as 
may  seem  proper.  If  it  is  alleged  in  the  complaint  upon 
which  the  child  is  so  adjudged,  that  a  law  of  the  common- 
wealth has  been  violated,  the  court  may,  with  the  consent 
of  the  state  board  of  charity,  authorize  said  board  to  take 
and  indenture  such  child,  or  place  it  in  charge  of  any 
person,  and  if  at  any  time  thereafter  such  child  proves 
unmanageable,  to  commit  such  child,  if  a  boy  under  fifteen 
years  of  age,  to  the  Lyman  school  for  boys,  or  if  a  girl 
under  seventeen  years  of  age,  to  the  state  industrial  school 
for  girls,  until  such  child  attains  the  age  of  twenty-one 
years.  Said  board  may  provide  for  the  maintenance,  in 
whole  or  in  part,  of  any  child  so  indentured  or  placed  in 
charge  of  any  person. 

The  court  shall  also  have  power  to  commit  such  delin- 
quent child  to  any  institution  to  which  it  might  be  com- 
mitted upon  a  conviction  for  such  violation  of  law,  except- 
ing a  jail  or  house  of  correction,  and  all  laws  applicable  to 
a  boy  or  girl  committed  upon  such  a  conviction  shall 
apply  to  a  delinquent  child  committed  under  this  sec- 
tion. 

SECTION  9.  If  a  child  has  been  placed  in  care  of  a 
probation  officer,  as  provided  in  this  act,  said  officer,  at 
any  time  before  the  final  disposition  of  the  case,  may 
arrest  such  child  without  a  warrant  and  take  him  before 
the  court,  or  the  court  may  issue  a  warrant  for  his  arrest. 
When  such  child  is  before  the  court,  it  may  make  any 
disposition  of  the  case  which  it  might  have  made  before 
said  child  was  placed  on  probation,  or  may  continue  or 
extend  the  period  of  probation. 


Cn.86.]     STATE  TRAINING  SCHOOLS,  ETC.  195 

If  the  court  shall  find  that  such  child  has  violated  the  Penalty  for 

violating 

conditions  of  its  probation,  it  may  impose  a  fine,  not  conditions,  etc. 
exceeding  five  dollars,  and  if  the  fine  is  not  paid  at  once, 
in  whole  or  in  part,  may  order  that  said  child  stand  com- 
mitted to  a  jail  until  the  same  is  paid,  but  not  exceeding 
five  days.  Said  court  shall  suspend  the  execution  of  said 
order  and  continue  the  probation  for  such  time  as  it  shall 
fix,  unless  in  the  opinion  of  the  court  such  child  will 
default.  Said  fine  may  be  paid  to  the  probation  officer, 
whereupon  the  order  for  commitment  shall  be  void.  If  at 
the  end  of  the  period  of  such  suspension  the  probation 
officer  shall  report  that  said  fine  is  unpaid,  the  court  may 
extend  such  period,  or  place  the  case  on  file,  or  revoke  the 
suspension  of  the  execution  of  the  order  of  commitment. 
If  the  fine,  or  any  part  thereof,  is  paid  to  the  probation 
officer,  he  shall  give  a  receipt  therefor,  shall  keep  a  record 
of  the  payment,  shall  pay  the  same  to  the  clerk  of  the 
court  at  its  next  session,  and  shall  keep  on  file  the  clerk's 
receipt  therefor. 

See  1908,  286,  p.  121,  infra. 

SECTION  10.    A  disposition  of  any  child  under  this  act.  Disposition  of 

'  child  not  to 

or  any  evidence  given  in  such  case,  shall  not,  in  any  pro-  ^^^^ 
ceeding,  in  any  court,  be  lawful  or  proper  evidence  against  etc> 
such    child    for    any    purpose,    excepting    in    subsequent 
criminal  proceedings,  or  subsequent  cases  of  delinquency 
or  waywardness  against  the  same  child. 

SECTION  11.    If  it  shall  be  alleged  in  a  complaint  made  violation  of 

city  ordinance 

under  this  act  that  a  boy  or  girl  has  committed  an  offence  °r  tow.n  by~ 

law,  etc. 

against  a  law  of  the  commonwealth,  or  has  violated  a  city 
ordinance  or  town  by-law,  and  the  court  shall  be  of 
opinion  that  his  or  her  welfare,  and  the  interests  of  the 
public,  require  that  he  or  she  should  be  tried  for  said 
offence  or  violation,  instead  of  being  dealt  with  as  a 
delinquent  child,  the  court  may,  after  a  hearing  on  said 
complaint,  order  that  it  be  dismissed.  Criminal  proceed- 
ings shall  not  be  begun  against  any  child  between  the  ages 


196 


MANUAL  OF  LAWS. 


[Cn.  86. 


Delinquent 
child  may  be 
required  to 
make  restitu- 
tion, etc. 


Parent  of 
child  may  be 
punished,  etc. 


Supervision  by 
state  board 
of  charity. 


1906,  413,  §  14, 
amended. 


of  seven  and  fourteen,  except  for  an  offence  punishable  by 
death  or  imprisonment  for  life,  unless  proceedings  against 
it  as  a  delinquent  child  have  been  begun  and  dismissed  as 
aforesaid. 

SECTION  12.  If,  in  adjudging  a  person  to  be  a  delin- 
quent child,  the  court  shall  find,  as  an  element  of  such 
delinquency,  that  he  has  committed  an  act  involving  lia- 
bility in  a  civil  action,  and  such  delinquent  child  shall  be 
placed  on  probation,  as  herein  provided,  the  court  may 
require,  as  a  condition  thereof,  that  he  shall  make  restitu- 
tion or  reparation  to  the  injured  person,  to  such  an  extent 
and  in  such  sum  as  the  court  shall  determine.  If  the  pay- 
ment is  not  made  at  once,  it  shall  be  made  to  the  proba- 
tion officer,  who  shall  give  a  receipt  therefor,  shall  keep 
a  record  of  the  payment,  shall  pay  the  money  to  said 
injured  person,  and  keep  on  file  his  receipt  therefor. 

See,  as  to  restitution,  1907,  335,  p.  215,  infra. 

SECTION  13.  If  a  boy  or  girl  is  adjudged  to  be  a  way- 
ward child  or  a  delinquent  child,  as  defined  by  this  act,  a 
parent  of  such  child  wrho  is  found  to  have  been  responsible 
for  such  waywardness  or  delinquency,  shall  be  punished 
by  a  fine  of  not  more  than  fifty  dollars,  or  by  imprison- 
ment in  jail  for  not  more  than  six  months. 

SECTION  14.  [Amended  by  1912,  187,  infra.}  The  state  board  of  charity 
shall  have  authority  to  supervise  the  probation  work  for  wayward  and 
delinquent  children,  and  to  make  such  inquiries  as  it  considers  necessary 
in  regard  to  the  same,  and  in  its  annual  report  may  make  such  recommenda- 
tions as  it  considers  advisable  for  the  improvement  of  methods  of  dealing 
with  such  children. 

[1912,  187.] 

AN    ACT    RELATIVE    TO    SUPERVISION    OF    PROBATION    WORK 
FOR  WAYWARD   AND   DELINQUENT   CHILDREN. 

SECTION  1.  Section  fourteen  of  chapter  four  hundred 
and  thirteen  of  the  acts  of  the  year  nineteen  hundred  and 
six  is  hereby  amended  by  striking  out  the  words  "state 
board  of  charity",  in  the  first  line,  and  substituting  the 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  197 

words:  —  commission   on   probation,  —  so   as   to   read   as 
follows:  —  Section  14-    The  commission  on  probation  shall  ^bation011  °f 
have  authority  to  supervise  the  probation  work  for  way-  work- 
ward  and  delinquent  children,  and  to  make  such  inquiries 
as  it,  considers  necessary  in  regard  to  the  same,  and  in  its 
annual  report  may  make  such  recommendations  as  it  con- 
siders advisable  for  the  improvement  of  methods  of  dealing 
with  such  children. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  2,  1912. 


SECTION  15.    All  acts  and  parts  of  acts  inconsistent  with  Repeal, 
this  act  are  hereby  repealed. 

SECTION  16.    This  act  shall  take  effect  on  the  first  day  when  to  take 

J    effect. 

of  September  in  the  year  nineteen  hundred  and  six.  [Ap- 
proved May  24,  1906. 

As  to  witness  fees,  see  1907,  158,  infra. 

[1907,  158.] 

AN  ACT  TO  PROVIDE  FOR  THE  PAYMENT  OF  WITNESS  FEES, 
AND  EXPENSES  OF  OFFICERS,  IN  CASES  OF  NEGLECTED, 
WAYWARD  AND  DELINQUENT  CHILDREN. 

[See  1906,  413,  supra;  1903,  334,  P-  U%,  supra.} 
SECTION  1.    All  laws  in  relation  to  the  payment  of  wit-  Payment  of 

ff,  witness  fees, 

ness  tees,  and  to  the  payment  01  expenses  ot  officers,  in  etc.,  in  certain 

cases. 

criminal  cases,  shall  apply  in  cases  arising  under  chapter 
three  hundred  and  thirty-four  of  the  acts  of  the  year  nine- 
teen hundred  and  three,  or  under  chapter  four  hundred 
and  thirteen  of  the  acts  of  the  year  nineteen  hundred  and 
six.  The  payment  of  such  fees  and  of  such  expenses,  in 
cases  arising  under  either  of  said  chapters  before  the 
passage  of  this  act,  is  hereby  authorized,  confirmed  and 
made  valid. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  1,  1907. 


198 


MANUAL  OF  LAWS. 


[Cn.  86. 


Boston 
Juvenile 
Court 
established. 

Justices,  etc., 
appointment, 
etc. 


Clerk, 

appointment, 

etc. 


Seal. 


[1906,  489.] 

AN     ACT     TO     ESTABLISH     THE     BOSTON     JUVENILE     COURT., 

SECTION  1.  A  court  is  hereby  established  in  the  city  of 
Boston,  to  be  known  as  the  Boston  Juvenile  Court. 

SECTION  2.  Said  court  shall  consist  of  one  justice  and 
two  special  justices,  who  shall  be  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council.  There 
shall  be  a  clerk  of  said  court  wTho  shall  also  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the 
council,  for  a  term  of  five  years.  In  case  of  the  absence, 
death  or  removal  of  the  clerk,  the  court  may  appoint  a 
clerk  pro  tempore,  who  shall  act  until  the  clerk  resumes 
his  duties,  or  until  the  vacancy  is  filled.  The  said  court 
shall  have  a  proper  seal,  and  all  processes  issuing  there- 
from shall  be  under  the  seal  of  the  court,  shall  be  signed 
by  the  clerk,  and  shall  bear  the  teste  of  the  justice  of  the 
court,  unless  his  office  is  vacant,  in  which  case  it  shall  bear 
the  teste  of  a  special  justice  of  the  court. 

SECTION  3.  The  justice  of  the  said  court  shall  be  paid  a 
salary  of  three  thousand  dollars  per  annum.  The  special 
justices  shall  be  paid  for  each  day's  actual  service  at  the 
same  rate  as  the  rate  by  the  day  of  the  salary  of  the 
justice  of  the  court;  but  compensation  for  services  in 
excess  of  thirty  days  in  any  one  calendar  year  shall  be 
deducted  by  the  county  treasurer  from  the  salary  of  the 
justice  of  the  court.  The  clerk  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars.  The  said  salaries  shall 
be  paid  by  the  county  of  Suffolk,  in  the  same  manner  as 
the  salaries  of  the  justices,  special  justices  and  clerks  of 
the  municipal  court  of  said  city  are  now  paid.  Suitable 
rooms  for  the  sittings  of  the  court  and  for  the  officers 
thereof  shall  be  provided  in  the  Suffolk  county  court  house. 

See,  as  to  clerical  assistance,  1908,  458. 


autlsSy?etc.        SECTION  4.     All  the  jurisdiction,  authority  and  powers 
vested  in  the  municipal  court  of  the  city  of  Boston  or  the 


Salaries. 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC,  199 

justices  thereof,  or  which  are  conferred  upon  municipal 
courts  by  chapter  four  hundred  and  thirteen  of  the  acts  of 
the  year  nineteen  hundred  and  six,  which  involve  the 
trial,  sentencing,  commitment  or  other  disposal  of  a  child 
under  the  age  of  seventeen  years,  or  the  receiving  of  com- 
plaints and  the  issuing  of  summonses,  warrants  or  other 
processes  in  relation  thereto,  or  which  relate  to  the  care 
of  neglected  children,  under  chapter  three  hundred  and 
thirty-four  of  the  acts  of  the  year  nineteen  hundred  and 
three,  and  acts  in  amendment  thereof  or  in  addition 
thereto,  are  hereby  transferred  to,  and  vested  in,  the  court 
hereby  established,  and  in  the  justice  and  special  justices 
thereof;  and  the  said  court  shall  have  jurisdiction  over 
such  other  matters  as  may  come  before  it  under  this  act. 
All  the  provisions  of  law  which  relate  to  police,  district  or 
municipal  courts,  to  the  justices,  special  justices  and  clerks 
thereof,  or  to  the  rights,  duties  and  liabilities  of  parties  to 
proceedings  therein,  shall,  so  far  as  they  may  be  appro- 
priate, apply  to  said  court,  its  justice,  special  justices  and 
clerk,  and  to  the  parties  to  proceedings  therein,  except  as 
herein  otherwise  provided.  The  court  hereby  established 
may  continue  from  time  to  time  the  hearing  in  respect  to 
any  child  given  under  the  provisions  of  this  act,  and  may 
commit  such  child  to  any  institution  to  which  a  district 
or  municipal  court  in  the  city  of  Boston  is  now,  or  may 
hereafter  be,  authorized  to  commit  such  child,  or  may 
impose  any  penalty  which  said  courts  are  authorized  to 
impose.  The  court  may  from  time  to  time  make  general 
rules  in  reference  to,  and  provide  forms  of,  procedure. 

See,  as  to  jurisdiction,  1907,  137,  411,  infra. 

SECTION  5.     So  far  as  possible  the  court  shall  hear  all  Cases  to  be 

heard  in 

cases  in  chambers;  and  all  persons,  whose  presence,  in  the  chambers,  etc. 
opinion  of  the  court,  is  not  necessary,  shall  be  excluded 
from  the  room. 

SECTION  6.    The  justice  of  the  court  hereby  established  offi0£rs!°n 
shall  appoint  two  probation  officers,  each  of  whom  shall  app°intment- 


200 


MANUAL  OF  LAWS. 


tomxiCT  to 


Superintend- 
ent of  schools 
to  furnish  info 
ms-tion,  etc. 


hold  office  during  the  pleasure  of  the  said  justice,  and  shall 
have  general  authority  to  serve  such  process  as  may  be 
directed  to  either  of  them  by  the  court.  The  provisions  of 
chapter  two  hundred  and  seventeen  of  the  Revised  Laws, 
and  of  all  other  statutes  now  or  hereafter  applicable  to 
probation  officers  connected  with  courts  in  the  city  of 
Boston,  shall,  so  far  as  they  may  be  appropriate,  apply  to 
said  probation  officers,  except  as  herein  otherwise  provided. 
The  justice  may  also  appoint  as  many  deputy  probation 
officers,  without  salary,  as  he  may  deem  desirable.  They 
shall  assist  probation  officers  in  such  ways  as  the  court 
may  direct  in  making  investigations  of  cases  of  children 
against  whom  complaints  have  been  made,  and  in  the 
care  of  children  who  have  been  placed  on  probation. 

SECTION  7.  In  case  a  warrant  is  issued  by  the  court  for 
a  child's  arrest,  or  in  case  a  child  between  the  ages  of 
seven  and  seventeen  years  is  arrested  without  a  warrant, 
as  provided  by  law,  in  order  to  avoid  the  incarceration  of 
the  child,  if  practicable,  the  officer  to  wrhom  said  warrant 
is  delivered,  or  wyho  has  arrested  the  child  without  a 
warrant,  as  the  case  may  be,  may,  unless  the  justice  or 
magistrate  of  the  court  issuing  such  warrant  has  otherwise 
directed  in  the  warrant,  accept  the  written  promise  of  the 
parent,  guardian  or  person  with  whom  it  is  stated  that 
said  child  resides,  or  any  other  reputable  person,  to  be 
responsible  for  the  presence  of  said  child  in  court  at  the 
time  and  place  when  the  child  is  to  appear,  and  at  any 
other  time  to  which  the  hearing  in  the  case  may  be  con- 
tinued or  adjourned  by  the  court.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  admitting  of  said 
child  to  bail,  in  accordance  with  sections  twenty-nine  and 
thirty  of  chapter  two  hundred  and  seventeen  of  the 
Revised  Laws. 

See  1908,  286,  infra. 

SECTION  8.  It  shall  be  the  duty  of  the  superintendent 
of  the  Boston  public  schools,  and  of  any  teacher  therein, 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  201 

and  of  the  person,  society  or  corporation  in  charge  of  any 
private  school,  and  of  the  teachers  therein,  to  furnish  to 
the  said  court  from  time  to  time  any  information  and 
reports  requested  by  the  justice  thereof  relating  to  the 
attendance,  conduct  and  standing  of  any  pupil  under  his, 
her  or  its  charge,  if  said  pupil  is  at  the  time  under  the 
charge  of  the  court  hereby  established. 

SECTION  9.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

SECTION  10.  This  act  shall  take  effect  upon  its  passage,  when  to  take 
so  far  as  the  appointing,  commissioning  and  qualifying  of 
the  justice,  special  justices  and  clerk  of  the  court  hereby 
established  are  concerned;  and  it  shall  be  in  full  force  and 
effect,  and  the  authority  and  jurisdiction  of  the  court 
hereby  established  and  of  the  probation  officers  thereof 
shall  begin,  on  the  first  day  of  September  in  the  year 
nineteen  hundred  and  six,  except  that  the  municipal  court 
of  the  city  of  Boston  shall  have  power  to  dispose  of  all 
cases  of  juvenile  offenders  or  neglected  children  which  may 
be  pending  before  it  when  this  act  takes  full  effect.  [Ap- 
proved June  15,  1906. 

[1907,  137.] 

AN   ACT   TO    DEFINE   MORE    CLEARLY   THE    JURISDICTION    OF 
THE  BOSTON  JUVENILE   COURT. 

[See  1906,  489,  supra.] 

SECTION  1.    Nothing  contained  in  chapter  four  hundred  l^Bosti?*  °f 
and  eighty-nine  of  the  acts  of  the  year  nineteen  hundred  juvemle  court- 
and  six,  being  "An  Act  to  establish  a  juvenile  court", 
shall  be  construed  to  transfer  from  or  prevent  vesting  in 
any  court  or  justices  except  the  municipal  court  of  the  city 
of  Boston  and  the  justices  thereof,  any  jurisdiction,  au- 
thority or  powers  whatsoever. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  February  21,  1907. 


202 


MANUAL  OF  LAWS. 


[CH.  86. 


Powers  of 
Boston 

juvenile  court 
in  certain 
cases. 


Proviso. 


The  court, 
etc.,  may 
summon  the 
parent  or 
guardian  of  a 
minor  child  in 
certain  cases. 


[1907,  411.] 

AN  ACT  TO  PROVIDE  FOR  THE  CASES  OF  CHILDREN  IN  THE 
BOSTON  JUVENILE  COURT  WHO  BECOME  SEVENTEEN 
YEARS  OF  AGE  PENDING  ADJUDICATION  AND  DURING 
CONTINUANCES  AND  PROBATION. 

[See  1906,  489,  supra.] 

SECTION  1.  The  Boston  juvenile  court  shall  have  the 
same  powers  and  authority  over  all  children  who  become 
seventeen  years  of  age  pending  adjudication  on  their  cases, 
or  during  continuances  or  probation,  or  after  their  cases 
have  been  placed  on  file,  which  it  would  have  had  prior  to 
their  becoming  seventeen  years  of  age:  provided,  that 
nothing  herein  contained  shall  be  construed  to  authorize 
the  commitment  of  any  child  over  seventeen  years  of  age 
to  the  state  industrial  school  for  girls  at  Lancaster,  and 
that  nothing  herein  contained  shall  give  said  court  any 
power  or  authority  over  said  children  after  they  become 
eighteen  years  of  age. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  14,  1907. 

[1907,  195.] 

AN  ACT  TO  PROVIDE  FOR  SECURING  THE  ATTENDANCE  AT 
COURT  OF  PARENTS  AND  OTHERS  IN  CASES  OF  JUVENILE 
OFFENDERS  AND  OTHER  MINORS. 


[See  1906,  413,  supra;  1903,  334,  P-  U®,  supra.] 
SECTION  1.  If,  at  any  time  during  the  pendency  of  any 
case  before  any  court  or  magistrate  against  a  child  under 
seventeen  years  of  age,  whether  it  be  pending  adjudication 
or  during  continuances  or  probation,  or  after  the  case  has 
been  taken  from  the  files,  the  court  or  magistrate  desires 
the  presence  of  any  parent  or  guardian  of  said  child,  or 
any  person  with  whom  said  child  resides,  the  court  or 
magistrate  may  summon  such  parent,  guardian  or  person, 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  203 

in  the  manner  provided  in  section  four  of  chapter  four 
hundred  and  thirteen  of  the  acts  of  the  year  nineteen  hun- 
dred and  six. 

SECTION  2.    If  any  person  to  whom  a  summons  is  issued  Capias  may  be 

11  i  •  •  i  f  c         •  i   issue<i  to 

under  the  preceding  section  or  under  section  tour  ot  said  compel 

.  .  attendance. 

chapter  four  hundred  and  thirteen,  or  under  section  one  of 
chapter  three  hundred  and  thirty-four  of  the  acts  of  the 
year  nineteen  hundred  and  three,  fails  to  appear  in 
response  to  such  summons,  the  court  or  magistrate  which 
issued  the  summons  may  issue  a  capias  to  compel  the 
attendance  of  such  person,  and  such  capias  shall  be  issued 
and  served  in  the  same  manner  as  a  capias  to  compel  the 
attendance  of  witnesses  who  have  failed  to  appear  on  a 
subpoena  issued  in  behalf  of  the  commonwealth  in  a 
criminal  case.  [Approved  March  12,  1907. 

[1907,  362.] 

AN  ACT  RELATIVE  TO  THE  ARREST  AND  DETENTION  OF 
BOYS  AND  GIRLS  WHO  HAVE  ESCAPED  OR  HAVE  BEEN 
RELEASED  FROM  THE  LYMAN  SCHOOL  FOR  BOYS  OR  THE 
STATE  INDUSTRIAL  SCHOOL  FOR  GIRLS. 

SECTION  1.    A  boy  who  has  been  committed  to  the  Ly-  Arrest  and 

17      detention  of 

man  school  for  boys  or  a  girl  who  has  been  committed  to  boys  and  girls 

escaped  or 

the  state  industrial  school  for  girls,  and  who  has  escaped  £|i^ds£i£™ 
therefrom,  may  be  arrested  without  a  warrant  by  a  sheriff,  institutions- 
deputy  sheriff,  constable  or  police  officer  and  may  be  kept 
in  custody  in  a  suitable  place  and  there  detained  until  such 
boy  or  girl  may  be  removed  to  the  school  from  which  he 
or  she  escaped  or  was  released. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  3,  1907. 

For  act  extending  the  provisions  of  the  foregoing  statute  to  in- 
mates of  the  Industrial  School  for  Boys,  see  1915,  113,  Gen.,  p.  226, 
infra. 


204 


MANUAL  OF  LAWS. 


[Cn.  86. 


Release  of 
certain  minors 
after  arrest. 


Commission 
on  probation, 
appointment, 
terms,  etc. 


Vacancy. 


Deputy  com- 
missioner, 
appointment, 
etc. 


[1908,  286.] 

AN  ACT  RELATIVE  TO  THE  RELEASE  OF  CERTAIN  MINORS 
AFTER  ARREST. 

[See  1906,  489,  §  7,  supra.] 

SECTION  1.  Any  child  between  the  ages  of  seven  and 
seventeen  who  has  been  arrested  with  or  without  a  war- 
rant may,  unless  the  justice  or  magistrate  of  the  court 
issuing  the  warrant  has  otherwise  directed  in  the  warrant, 
be  released  by  the  officer  to  whom  the  warrant  is  delivered, 
upon  the  written  promise  of  the  parent,  guardian  or  any 
other  reputable  person,  to  be  responsible  for  the  appear- 
ance of  said  child  in  court  at  the  time  and  place  when  the 
child  is  to  appear,  and  at  any  other  time  to  which  the 
hearing  in  the  case  may  be  continued  or  adjourned  by  the 
court. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  25,  1908. 

[1908,  465.] 

AN   ACT   RELATIVE  TO   THE   PROBATION   SERVICE. 

SECTION  1.  The  chief  justice  of  the  superior  court  shall 
appoint  five  persons,  one  or  more  of  whom  may  be  justices 
of  the  courts,  to  be  a  Commission  on  Probation.  Their 
terms  of  office  shall  be  so  designated  at  the  time  of  ap- 
pointment that  the  term  of  one  member  shall  expire  on 
the  second  Wednesday  of  July  in  each  of  the  five  years 
following;  and  in  each  year  hereafter  the  said  chief  justice 
shall  in  like  manner  appoint  one  member  for  a  term  of 
five  years.  A  vacancy  in  the  commission  shall  be  filled  in 
the  same  manner  for  the  unexpired  term.  Any  member  of 
the  commission  may  be  removed  by  the  chief  justice.  The 
commission  shall  appoint  a  deputy  commissioner,  who 
shall  be  its  executive  officer  and  shall  hold  office  during  its 
pleasure.  He  shall  perform  such  duties  as  may  be  required 
of  him  by  the  commission;  and  shall  receive  such  salary 


CH.86.]     STATE  TRAINING  SCHOOLS,  ETC.  205 

as  it  shall  determine.  The  commission  shall  be  provided 
with  suitable  office  accommodations,  in  the  Suffolk  county 
court  house  or  elsewhere,  and  may  employ  such  assistance 
as  is  needed  to  perform  its  work.  The  members  of  the 
commission  shall  receive  no  compensation  for  services  here- 
under,  but  they  and  the  deputy  commissioner  shall  be 
allowed  the  necessary  expenses  incurred  in  the  performance 
of  their  official  duties.  The  expense  incurred  under  this 
section  shall  not  exceed  five  thousand  dollars  in  any  one 
year,  and  shall  be  paid  from  the  treasury  of  the  common- 
wealth, and  the  bills  therefor  shall  be  approved  and  paid 
in  the  same  manner  in  which  other  bills  against  the  com- 
monwealth are  approved  and  paid. 

SECTION  2.    The  commission  shall  prescribe  the  form  of  Powers  and 

duties. 

all  records  and  of  all  reports  from  probation  officers,  and 
shall  make  rules  for  the  registration  of  reports  and  for  the 
exchange  of  information  between  the  courts.  It  shall  pro- 
vide for  such  organization  and  co-operation  of  the  proba- 
tion officers  in  the  several  courts  as  may  seem  advisable. 
To  promote  co-ordination  in  the  probation  work  of  the 
courts,  the  commission  may  call  a  conference  of  any  or  all 
of  the  justices  of  the  municipal,  police  and  district  courts 
and  the  Boston  juvenile  court,  or  a  conference  of  any 
or  all  of  the  probation  officers  and  assistant  probation 
officers;  and  a  member  of  the  commission  shall  preside 
over  all  such  conferences.  With  the  approval  of  the 
commission  the  prison  commissioners,  or  the  state  board 
of  charity,  may  hold  a  conference  with  any  or  all  of  the 
probation  officers  for  the  purpose  of  securing  the  co- 
operation of  such  officers  in  keeping  trace  of  the  where- 
abouts of  persons  who  are  at  liberty  from  the  prisons  of 
the  commonwealth.  The  travelling  expenses  of  said  jus- 
tices or  officers  in  attending  any  conference  herein  named, 
shall  be  paid  as  the  other  expenses  of  the  respective  courts 
are  paid. 

SECTION  3.    Every  probation  officer,  except  where  there  Detailed 

.  .  reports  to  be 

is  more  than  one  probation  officer  in  any  court,  then  the  made  of  the 


206 


MANUAL  OF  LAWS. 


[Cn.  86. 


probation 
work,  etc. 


Annual 
report. 


Not  to  affect 
certain 
authority  of 
the  courts. 


Repeal. 


senior  probation  officer,  shall  transmit  to  the  commission 
in  such  form  and  at  such  times  as  it  shall  require,  detailed 
reports  regarding  the  work  of  probation  in  the  court;  and 
under  the  direction  of  the  commission  a  record  shall  be 
kept  of  all  such  cases  as  the  commission  may  require  for 
the  information  of  the  justices  and  probation  officers.  It 
shall  be  the  duty  of  police  officials  to  co-operate  with  the 
commission  and  the  probation  officers  in  obtaining  and 
reporting  information  concerning  persons  on  probation. 
The  information  so  obtained  and  recorded  shall  be  accessi- 
ble at  all  times  to  the  justices  and  officers  of  the  courts,  to 
the  police  commissioner  of  the  city  of  Boston,  and  to  all 
chiefs  of  police  and  city  marshals.  The  prison  commis- 
sioners and  the  state  board  of  charity  shall  at  all  times 
give  to  the  commission  and  the  probation  officers  such 
information  as  may  be  obtained  from  the  records  con- 
cerning prisoners  under  sentence  or  who  have  been  released. 

SECTION  4.  In  the  first  week  of  January  annually  the 
commission  shall  transmit  to  the  general  court  a  report  of 
the  probation  work  of  the  courts  for  the  year  ending  on 
the  thirtieth  day  of  September  preceding.  The  report 
shall  include  such  information  as  the  commission  may 
consider  to  be  useful,  with  any  suggestions  or  recommen- 
dations that  it  desires  to  make.  Five  hundred  copies  of 
the  report  shall  be  printed  for  the  special  use  of  the 
commission. 

SECTION  5.  The  provisions  of  this  act  shall  not  affect 
the  authority  of  the  courts  to  require  the  keeping  by  their 
probation  officers  of  probation  records  in  addition  to  those 
necessary  in  order  to  conform  to  forms  of  records  and 
reports  prescribed  by  the  commission.  The  authority  of 
the  courts  to  approve  expenses  and  disbursements  relating 
to  the  probation  system  shall  not  be  affected  by  any 
provision  of  this  act. 

SECTION  6.  Sections  eighty-five  to  ninety,  both  inclu- 
sive, of  chapter  two  hundred  and  seventeen  of  the  Revised 
Laws,  and  all  acts  and  parts  of  acts  inconsistent  herewith 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  207 

are  hereby  repealed.     But  nothing  herein  shall  be  con- 
strued to  repeal  or  affect  the  provisions  of  chapter  four 
hundred  and  thirteen   of  the   acts   of  the  year  nineteen 
hundred  and  six. 
SECTION  7.    The  first  section  of  this  act  shall  take  effect  when  to  take 

effect. 

on  the  first  day  of  July,  and  all  the  other  sections  on  the 
first  day  of  October,  in  the  year  nineteen  hundred  and 
eight.  [Approved  April  28,  1908. 

[1908,  637.] 

AN    ACT    TO    AUTHORIZE    THE    APPOINTMENT    BY    CERTAIN 
COURTS    OF    PROBATION    OFFICERS    FOR    CHILDREN. 

SECTION   1.     The  justice  of   each  police,   district  and  Appointment 

by  certain 

municipal  court  included  in  classes  B,  C,  D,  E  and  F,  as  courts  of 

probation 

said  classes  are  defined  by  chapter  four  hundred  and  fifty-  c'*1c(|r|nfor 
three  of  the  acts  of  the  year  nineteen  hundred  and  four 
and  acts  in  amendment  thereof,  if  not  now  authorized  to 
appoint  a  probation  officer  for  wayward  and  delinquent 
children,  may  appoint  such  officer,  who  shall  hold  office 
during  the  pleasure  of  the  court  which  makes  the  appoint- 
ment and  shall  receive  from  the  county  such  salary  as  the 
court,  with  the  approval  of  the  county  commissioners,  shall 
fix.  The  justice  of  each  police,  district  and  municipal 
court  not  included  in  the  said  classes,  excepting  the 
municipal  court  of  the  city  of  Boston  and  the  central 
district  court  of  Worcester,  may  appoint  such  an  officer 
who  shall  serve  without  compensation.  Salaried  probation 
officers  appointed  as  herein  provided  shall  have,  and,  by 
direction  of  the  court,  unpaid  officers  may  have,  in  cases 
of  such  children  and  of  juvenile  offenders,  the  power  and 
authority  of  probation  officers.  But  no  such  officer  shall 
be  appointed  until  the  commission  on  probation,  estab- 
lished by  chapter  four  hundred  and  sixty-five  of  the  acts 
of  the  present  year,  shall  certify  that  his  appointment  is 
necessary. 

SECTION  2.     The  justice  of  every  police,  district  and  Deputy  pro- 

•    •  •  •    •  01-         bation 

municipal  court,  excepting  the  municipal  court  of  the  city  officera,  ap- 


208  MANUAL  OF  LAWS.  [CH.SG. 

pointment,        of  Boston,   may  appoint  one  or  more  deputy  probation 

etc. 

officers  without  compensation.  They  shall  assist  proba- 
tion officers  for  wayward  and  delinquent  children  in  such 
ways  as  the  court  shall  direct. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  13,  1908. 

[1907,  224.] 

AN  ACT  RELATIVE  TO  THE  AGE  AND  SCHOOLING  CERTIFI- 
CATES REQUIRED  FOR  MINORS  COMMITTED  TO  THE 
LYMAN  SCHOOL  FOR  BOYS  AND  THE  STATE  INDUSTRIAL 
SCHOOL  FOR  GIRLS. 

Sc.^k^ended1'  SECTION  1.  Section  thirty-one  of  chapter  one  hundred 
and  six  of  the  Revised  Laws,  as  amended  by  chapter  four 
hundred  and  thirty-two  of  the  acts  of  the  year  nineteen 
hundred  and  four,  and  by  chapter  two  hundred  and  thir- 
teen of  the  acts  of  the  year  nineteen  hundred  and  five,  is 
hereby  further  amended  by  adding  at  the  end  thereof  the 
following :  —  The  certificate  of  the  superintendent  of  the 
Lyman  school  for  boys  or  of  the  state  industrial  school  for 
girls  shall  be  sufficient  evidence  as  to  the  age  and  ability 
to  read  at  sight  and  to  write  legibly  simple  sentences  in  the 
English  language,  of  a  child  who  has  been  an  inmate  of 

Approval  of       such  school,  —  so  as  to  read  as  follows:  —  Section  31.    An 

age  and  scnool- 

o^mfnor*0**68  a&e  or  scno°lmg  certificate  shall  not  be  approved  unless 
satisfactory  evidence  is  furnished  by  a  certificate  of  birth 
or  baptism  of  such  minor,  or  by  the  register  of  birth  of 
such  minor  with  a  city  or  town  clerk,  that  such  minor  is 
of  the  age  stated  in  the  certificate,  except  that  other 
evidence,  under  oath,  may  be  accepted  in  case  the  super- 
intendent or  person  authorized  by  the  school  committee, 
as  provided  in  the  preceding  section,  decides  that  neither 
the  certificate  of  birth  or  baptism,  nor  the  register  of 
birth  is  available  for  the  purpose.  The  certificate  of  the 
superintendent  of  the  Lyman  school  for  boys  or  of  the 
state  industrial  school  for  girls  shall  be  sufficient  evidence 
as  to  the  age  and  ability  to  read  at  sight  and  to  write 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  209 

legibly  simple  sentences  in  the  English  language,  of  a  child 
who  has  been  an  inmate  of  such  school. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  20,  1907. 

[1908,  639.1 

AN    ACT    TO    PROVIDE     FOR    THE    ESTABLISHMENT    OF    THE 
INDUSTRIAL   SCHOOL   FOR   BOYS. 

SECTION  1.    The  governor,  with  the  advice  and  consent  Trustees  of 

0  _  Industrial 

of  the  council,   shall,   during  the  month  of  June  of  the  School  for 

Boys,  ap- 

current  year,  appoint  a  board  of  seven  trustees,  two  of  p°intment-  et°- 
whom  shall  be  women,  in  whom  and  in  their  successors 
shall  be  vested  the  government  and  management  of  a 
school  for  the  industrial  training  and  for  the  instruction 
and  reformatory  treatment  of  boys  committed  thereto. 
Said  institution  shall  be  known  as  the  Industrial  School 
for  Boys.  The  terms  of  office  of  the  trustees  shall  begin 
on  the  first  day  of  July  following  their  appointment.  Of 
the  trustees  first  appointed  under  this  act  two  shall  hold 
office  for  two  years,  two  for  three  years,  two  for  four  years 
and  one  for  five  years,  or  until  their  successors  are  ap- 
pointed; and  the  governor  shall  appoint  annually  there- 
after, in  the  month  of  June,  successors  of  the  trustees 
whose  terms  are  about  to  expire,  and  such  successors  shall 
hold  office  for  five  years  from  the  first  day  of  July  next 
ensuing.  Said  board  shall  be  a  corporation  for  the  purpose 
of  taking,  holding  and  investing  in  trust  for  the  common- 
wealth any  grant  or  devise  of  land,  or  any  gift  or  bequest 
of  money  or  other  personal  property  made  for  the  use  of 
said  school.  Said  trustees  are  hereby  authorized  to  pur- 
chase, in  behalf  of  the  commonwealth,  real  estate,  with 
such  personal  property  as  may  be  upon  the  same,  as  a  site 
for  said  school. 

SECTION  2.     With  the  approval  of  the  state  board  of  May  erect  and 

repair  build- 

charity  the  trustees  may  erect  new  buildings,  and  may  in^s-  mfke 

•     contracts, 

alter  and  repair  buildings  upon  the  property  purchased.  |™ploy  agents> 
They  may  also  equip  and  furnish  buildings  so  erected, 


210 


MANUAL  OF  LAWS. 


[Cn.  86. 


altered  or  repaired.  Said  trustees  shall  have  authority  to 
make  all  contracts  and  employ  all  agents  necessary  to 
carry  out  the  provisions  of  this  act.  Their  reasonable 
expenses  incurred  in  the  performance  of  their  duties  under 
the  first  two  sections  of  this  act  shall  be  paid  from  the 
appropriation  for  carrying  out  the  provisions  hereof.  For 
the  purpose  of  carrying  out  the  provisions  of  the  first  two 
sections  of  this  act  the  trustees  of  said  school  may  expend 
a  sum  not  exceeding  eighty-five  thousand  dollars,  but  no 
expenditure  shall  be  made  under  said  sections  except  for 
the  purchase  of  a  site  for  said  school  and  for  plans,  until 
said  state  Board  shall  certify  that  in  its  opinion  the  cost  of 
purchasing  land  and  buildings,  as  aforesaid,  of  altering 
and  repairing  buildings  upon  the  land  purchased,  of 
erecting  and  making  ready  for  occupancy  any  new  build- 
ing or  buildings  under  the  provisions  of  this  section,  and 
of  furnishing  and  equipping  any  building  erected,  altered 
or  repaired  as  aforesaid,  will  not  exceed  eighty-five  thou- 
sand dollars,  and  the  total  expenditures  made  and  liabili- 
ties incurred  under  the  provisions  of  said  sections  shall  not 
exceed  that  amount. 

SECTION  3.  When  the  buildings  are  ready  for  occupancy 
the  trustees  shall  notify  the  governor,  who  shall  thereupon 
issue  his  proclamation  establishing  said  school;  and  there- 
after, if  it  shall  appear  to  any  police,  district  or  municipal 
court  or  trial  justice  that  any  boy  not  less  than  fifteen 
Commitments,  years  of  age  who  has  been  adjudged  to  be  a  delinquent 
child,  or  any  boy  not  less  than  fifteen  nor  more  than 
eighteen  years  of  age  who  has  been  convicted  of  any 
offence  punishable  by  imprisonment  other  than  imprison- 
ment for  life,  is  a  suitable  subject  for  said  school,  and  that 
his  welfare  and  the  good  of  society  require  that  he  should 
be  sent  thereto  for  industrial  training,  for  instruction  and 
for  reformatory  treatment,  the  court  may  issue  a  warrant 
of  commitment  to  said  school.  So  far  as  they  are  appli- 
cable, except  as  herein  otherwise  provided,  all  provisions 
of  law  in  relation  to  commitments  to  the  Lyman  school 
for  boys  shall  extend  to  commitments  to  said  industrial 


When  build- 
ings are  ready 
for  occupancy 
governor  to 
issue  procla- 
mation. 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  211 

school.  A  boy  committed  to  said  school  as  aforesaid  may 
be  held  therein  until  he  attains  the  age  of  twenty-one 
years,  and  the  custody  of  such  boy  shall  be  in  said  trustees 
until  that  age  is  attained,  excepting  during  such  time  as  he 
shall  be  absent  from  said  school  in  the  Massachusetts 
reformatory.  Said  trustees  may  release  from  said  school  inmates  may 

be  released 

upon  probation  any  inmate  thereof,  and  may  recall  him  ^ne^oba" 
from  probation.    They  may  employ  such  agents  as  may  be 
required  for  the  care  of  such  probationers. 

SECTION  4.     Upon  the  request  of  the  trustees  of  the  —  °f  certain 

institutions 

Lyman  school  for  boys,  the  trustees  of  said  industrial  tefred^etc"13" 
school  may  transfer  to  it  any  inmate  of  said  Lyman  school, 
and  may  transfer  any  inmate  of  said  industrial  school  to 
said  Lyman  school  with  the  consent  of  its  trustees.  The 
trustees  for  children  of  the  city  of  Boston  may  transfer  to 
said  industrial  school  any  boy  committed  to  the  Suffolk 
school  for  boys  after  the  passage  of  this  act.  Upon  appli- 
cation of  the  trustees,  the  prison  commissioners  may  re- 
move to  the  Massachusetts  reformatory  any  inmate  of 
said  industrial  school,  and  upon  a  further  application  may 
return  him  to  said  school.  A  boy  so  removed  to  said 
reformatory  shall  be  subject  to  all  laws  relating  to  the 
other  inmates  thereof  until  he  is  returned  to  said  school. 
With  the  consent  of  the  trustees,  the  prison  commissioners 
may  remove  to  said  industrial  school  any  boy  under  the 
age  of  seventeen  years  who  is  sentenced  to  the  Massachu- 
setts reformatory.  When  a  boy  is  removed  or  returned 
under  this  act,  all  mittimuses,  processes  and  other  official 
papers,  or  copies  thereof,  by  which  he  is  held,  shall  be 
removed  or  returned  with  him;  and  he  may  be  held  in  the 
institution  to  which  he  is  removed  or  returned  until  the 
expiration  of  the  term  for  which  he  was  originally  com- 
mitted. After  the  establishment  of  said  industrial  school, 
no  boy  who  is  more  than  fifteen  years  of  age  shall  be  com- 
mitted to  the  Suffolk  school  for  boys. 

SECTION  5.     The  trustees  shall  have  general  charge  of  J/^i^h  mies 
said  school  and  of  all  its  interests.    They  shall,  from  time  eto.ulation3' 
to  time,  establish  rules,  regulations  and  by-laws  for  its 


212 


MANUAL  OF  LAWS. 


[Cn.  86. 


Superintend- 
ent. 


Powers  and 
duties,  etc., 
of  trustees 
and  state 
board  of 
charity. 


Certain  pro- 
visions of  law 
to  apply. 


Prison  and 
Hospital  Loan. 


government,  for  the  direction  of  its  officers  and  the  instruc- 
tion and  discipline  of  its  inmates;  and  they  shall  see  that 
its  affairs  are  conducted  according  to  law  and  to  said 
rules,  regulations  and  by-laws.  They  shall  appoint  a 
superintendent  who  shall  be  the  executive  officer  of  the 
school  and,  subject  to  the  approval  of  the  governor  and 
council,  they  shall  fix  his  compensation. 

SECTION  6.  Said  trustees  and  the  state  board  of  charity 
shall  have  the  same  rights  and  powers,  be  charged  with 
the  same  duties  and  be  subject  to  the  same  responsibilities 
in  regard  to  said  industrial  school  and  to  the  officers  and 
inmates  thereof  as  by  law  are  given  to  or  imposed  upon 
said  board  and  upon  the  trustees  of  the  Lyman  and 
industrial  schools  in  regard  to  the  Lyman  school  for  boys 
and  its  officers  and  inmates.  Sections  six,  seven  and  nine 
of  chapter  eighty-six  of  the  Revised  Laws  shall  apply  to 
the  superintendent  of  said  school;  and  all  other  laws  in 
relation  to  the  duties,  powers  and  obligations  of  officers  of 
said  Lyman  school,  so  far  as  they  may  be  applicable,  shall 
extend  to  officers  of  the  said  industrial  school. 

SECTION  7.  For  the  purpose  of  meeting  the  expenses  in- 
curred under  the  provisions  of  this  act,  the  treasurer  and 
receiver  general  is  hereby  authorized,  with  the  approval  of 
the  governor  and  council,  to  issue  scrip  or  certificates  of 
indebtedness  to  an  amount  not  exceeding  eighty-five 
thousand  dollars,  for  terms  not  exceeding  thirty  years. 
Such  scrip  or  certificates  of  indebtedness  shall  be  issued  as 
registered  bonds  or  with  interest  coupons  attached,  and 
shall  bear  interest  at  a  rate  not  exceeding  four  per  cent 
per  annum,  payable  semi-annually  on  the  first  days  of  May 
and  November.  They  shall  be  designated  on  the  face 
thereof,  Prison  and  Hospital  Loan,  shall  be  countersigned 
by  the  governor,  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  commonwealth,  and  the  principal  and  interest 
thereof  shall  be  paid  at  the  times  specified  therein  in  gold 
coin  of  the  United  States  or  its  equivalent.  Such  scrip  or 
certificates  of  indebtedness  shall  be  disposed  of  at  public 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  213 

auction,  or  in  such  other  manner,  and  at  such  times  and 
prices,  and  in  such  amounts,  and  shall  bear  such  rates  of 
interest,  not  exceeding  four  per  cent  per  annum,  as  shall 
be  deemed  best  for  the  commonwealth,  but  none  of  the 
same,  shall  be  sold  at  less  than  the  par  value  thereof.  The  sinking  fund, 
sinking  fund  established  by  chapter  three  hundred  and 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-four,  known  as  the  Prison  and  Hospital  Loan 
Sinking  Fund,  shall  also  be  maintained  for  the  purpose  of 
extinguishing  bonds  issued  under  the  authority  of  this  act; 
and  the  treasurer  and  receiver  general  shall  apportion 
thereto  from  year  to  year  an  amount  sufficient  with  the 
accumulations  of  said  fund  to  extinguish  at  maturity  the 
debt  incurred  by  the  issue  of  said  bonds.  The  amount 
necessary  to  meet  the  annual  sinking  fund  requirements 
and  to  pay  the  interest  on  said  bonds  shall  be  raised  by 
taxation  from  year  to  year. 

SECTION  8.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  13,  1908. 

[1909,  472.] 

AN    ACT    RELATIVE    TO    TRANSFERS    AND    COMMITMENTS    TO 
THE   INDUSTRIAL   SCHOOL   FOR   BOYS. 

SECTION  1.    The  state  board  of  charity  shall  have  the  Transferor 

.    •,  »        i  •       •  IT  i  f  boys  in  the 

right  to  transfer  boys  in  its  custody  between  the  ages  ot  custody  of  the 

0  .        *         g  °  state  board  of 

fifteen  and  eighteen  years  to  the  industrial  school  for  boys;  charity,  etc. 
but  no  boys  shall  be  transferred  to  said  school  by  the  trus- 
tees of  any  institution  without  the  consent  of  the  trustees 
of  the  industrial  school  for  boys. 

SECTION  2.     [Amended  by  1911,  605;    1914,  %07,  infra.}     For  a  period  Courts  of 

of  two  years  after  the  school  is  declared  opened  its  trustees  may  notify  the  commitment 

,,,,,.        to  be  notified 
courts  of  commitment  when  the  school  is  full,  and  no  boys  shall  thereafter,  when  school  is 

within  this  period,  be  committed  except  with  the  consent  of  the  trustees;  full>  eto- 
but  the  courts  of  commitment  shall  have  during  this  time  the  same  right 
to  commit  boys  over  fifteen  years  of  age  to  the  Suffolk  School  for  Boys  as 
existed  before  the  said  industrial  school  was  declared   open.     [Approved 
June  4,  1909. 


214 


MANUAL  OF  LAWS. 


[Cn.  86. 


1909,  472,  §  2, 
amended. 

Courts  of 
commitment 
to  be  notified 
when  school  is 
full,  etc. 


1909,  472,  §  2, 
amended. 


Courts  of 
commitment 
to  be  notified 
when  school  is 
full,  etc. 


[1911,  605.] 

AN  ACT  RELATIVE   TO   COMMITMENTS   TO   THE  INDUSTRIAL  SCHOOL  FOR  BOT8. 

[Amended  by  1914,  207,  infra.] 

SECTION  1.  Chapter  four  hundred  and  seventy-two  of  the  acts  of  the 
year  nineteen  hundred  and  nine  is  hereby  amended  by  striking  out  section 
two  and  inserting  in  place  thereof  the  following :  —  Section  2.  Until  Decem- 
ber thirty-first,  nineteen  hundred  and  thirteen,  the  trustees  of  the  industrial 
school  for  boys  may  notify  the  courts  of  commitment  when  the  school  is 
full,  and  no  boys  shall  thereafter,  within  the  said  period,  be  committed, 
except  with  the  consent  of  the  trustees;  but  the  courts  of  commitment 
shall  have  during  that  time  the  same  right  to  commit  boys  over  fifteen 
years  of  age  to  the  Suffolk  school  for  boys  which  existed  before  August  first, 
nineteen  hundred  and  nine,  when  the  industrial  school  for  boys  was  de- 
clared open. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  SO,  1911. 

[1914,  207.] 

AN    ACT    RELATIVE    TO    COMMITMENTS    TO    THE    INDUSTRIAL 
SCHOOL  FOR  BOYS. 

SECTION  1.  Section  two  of  chapter  four  hundred  and 
seventy-two  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  as  amended  by  chapter  six  hundred  and  five  of  the 
acts  of  the  year  nineteen  hundred  and  eleven,  is  hereby 
further  amended  by  striking  out  the  word  "thirteen",  in 
the  second  line,  and  inserting  in  place  thereof  the  word :  — 
sixteen,  —  so  as  to  read  as  follows :  • —  Section  2.  Until 
December  thirty-first,  nineteen  hundred  and  sixteen,  the 
trustees  of  the  industrial  school  for  boys  may  notify  the 
courts  of  commitment  when  the  school  is  full,  and  no  boys 
shall  thereafter,  within  the  said  period,  be  committed, 
except  with  the  consent  of  the  trustees;  but  the  courts  of 
commitment  shall  have  during  that  time  the  same  right  to 
commit  boys  over  fifteen  years  of  age  to  the  Suffolk  school 
for  boys  which  existed  before  August  first,  nineteen  hun- 
dred and  nine,  when  the  industrial  school  for  boys  was 
declared  opened. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  19,  1914' 


CH.86.]     STATE  TRAINING  SCHOOLS,  ETC.  215 

[1907,  335.] 

AN  ACT  TO  PROVIDE   FOR  THE  MAKING   OF  RESTITUTION   OR 
REPARATION   IN   CERTAIN   CASES. 

If  a  person  is  placed  on  probation  upon  condition  that  Restitution  or 

reparation, 

he   shall   make   restitution   or   reparation   to   the   person  {^rrfad^to 
injured  by  him  in  the  commission  of  his  offence,  and  pay-  oX^n" 
ment  is  not  made  at  once,  the  court  may  order  that  it  ce 
shall  be  made  to  the  probation  officer,   who  shall  give 
receipts  for  all  payments  made  to  him,  shall  keep  a  record 
of  the  same,  shall  pay  the  money  to  the  person  injured 
and  keep  his  receipt  therefor,  and  shall  notify  the  clerk  of 
the  court  whenever  the  full  amount  of  the  money  is  re- 
ceived or  paid  in  accordance  with  such  order  or  with  any 
modification  thereof.    [Approved  April  24,  1907. 

[1909,  514,  §  59.] 

AN   ACT    TO    CODIFY    THE    LAWS    RELATING    TO    LABOR. 

SECTION  59.     [Superseded  by  1913,   779,   §   17;    1914,  580,  infra.]     An  Evidence  of 
age  or  schooling  certificate  shall  not  be  approved  unless  satisfactory  evi-  jfe'L  105  §  31 
dence  is  furnished  by  a  certificate  of  birth  or  baptism  of  such  minor,  or  by  1904,  432. 
the  register  of  birth  of  such  minor  with  a  city  or  town  clerk,  that  such  jg^'  234' 
minor  is  of  the  age  stated  in  the  certificate,  except  that  other  evidence, 
under  oath,  may  be  accepted  in  the  case  the  superintendent  or  person  au- 
thorized by  the  school  committee,  as  provided  in  the  preceding  section, 
decides  that  neither  the  certificate  of  birth  or  baptism,  nor  the  register  of 
birth  is  available  for  the  purpose.     The  certificate  of  the  superintendent 
of  the  Lyman  school  for  boys  or  of  the  state  industrial  school  for  girls  given 
to  a  child  who  has  been  an  inmate  of  such  school,  shall  be  sufficient  evidence 
as  to  the  age  and  ability  to  read  at  sight  and  to  write  legibly  simple  sentences 
in  the  English  language.     [Approved  June  18,  1909. 

[1913,  779,  §  17.] 

AN    ACT    RELATIVE    TO    SCHOOL    ATTENDANCE    AND    TO    THE    EMPLOYMENT    OF 

MINORS. 

SECTION  17.     [Amended  by  1914,  580,  infra.]     Said  chapter  five  hundred  1909,  514,  §  59, 
and  fourteen  is  hereby  further  amended  by  striking  out  section  fifty-nine  amended. 
and  inserting  in  place  thereof  the   following :  —  Section  o9.     The  school  School  records. 
record  required  by  section  sixteen  of  this  act  shall  be  filled  out  and  signed 
by  the  principal  or  teacher  in  charge  of  the  school  which  the  child  last 
attended  and  shall  be  furnished  only  to  a  child  who,  after  due  examination 
and  investigation,  is  found  to  be  entitled  thereto.     Said  school  record  shall 
state  the  grade  last  completed  by  such  child  and  the  studies  pursued  in 
completion   thereof.     It   shall   state   the   number  of  weeks   during  which 


216  MANUAL  OF  LAWS.  [Cn.se. 

such  child  has  attended  school  during  the  twelve  months  next  preceding 
the  time  of  application  for  said  school  record.  It  shall  also  give  the  name, 
date  of  birth,  and  the  residence  of  the  child  as  shown  on  the  records  of  the 
school  and  the  name  of  the  parent,  guardian  or  custodian.  In  case  it  is 
found  to  be  impossible  to  obtain  said  school  record  from  the  principal  or 
teacher  in  charge  of  the  school  which  such  child  last  attended,  the  require- 
ment of  a  school  record  may  be  waived. 

No  such  school  record  shall  be  issued  or  accepted  and  no  employment 
certificate  shall  be  granted  unless  the  child  possesses  the  educational  qualifi- 
cations enumerated  in  section  one  of  chapter  forty-four  of  the  Revised 
Laws  as  amended  by  section  one  of  this  act. 

No  such  school  record  shall  be  issued  or  accepted  unless  the  child  has 
regularly  attended  the  public  schools  or  other  lawfully  approved  schools 
for  not  less  than  one  hundred  and  thirty  days  after  becoming  thirteen  years 
Proviso.  °f  ase:  provided,  however,  that  the  school  record  may  be  accepted  in  the 

case  of  a  person  who  has  been  an  attendant  at  a  public  day  school  or  other 
lawfully  approved  school  for  a  period  of  not  less  than  seven  years,  if  in  the 
opinion  of  said  superintendent  such  person  is  mentally  incapable  of  acquir- 
ing the  educational  qualifications  herein  prescribed.  [Approved  June  13, 
1913. 

[1914,  580.] 

AN     ACT     RELATIVE     TO     THE     ISSUANCE     OF     EMPLOYMENT 
CERTIFICATES  TO   CHILDREN. 

1909, 514,  j  59         SECTION  1.    The  third  paragraph  of  section  fiftv-nine  of 

cl.  3,  amended.  * 

chapter  five  hundred  and  fourteen  of  the  acts  of  the  year 
nineteen  hundred  and  nine,  as  amended  by  section  seven- 
teen of  chapter  seven  hundred  and  seventy-nine  of  the 
acts  of  the  year  nineteen  hundred  and  thirteen  is  hereby 
further  amended  by  adding  at  the  end  of  said  paragraph 
the  words :  —  and,  provided,  further,  that  the  superin- 
tendent of  schools  shall  have  authority  to  suspend  this 
requirement  in  any  case  when,  in  his  opinion,  the  interests 
of  the  child  will  best  be  served  by  such  suspension,  —  so 

school  records,  that  said  third  paragraph  will  read  as  follows :  —  No  such 
school  record  shall  be  issued  or  accepted  unless  the  child 
has  regularly  attended  the  public  schools  or  other  lawfully 
approved  schools  for  not  less  than  one  hundred  and  thirty 

Proviso.  days  after  becoming  thirteen  years  of  age:  provided,  how- 

ever, that  the  school  record  may  be  accepted  in  the  case  of 
a  person  who  has  been  an  attendant  at  a  public  day  school 
or  other  lawfully  approved  school  for  a  period  of  not  less 
than  seven  years,  if  in  the  opinion  of  said  superintendent 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  217 

such  person  is  mentally  incapable  of  acquiring  the  edu- 
cational qualifications  herein  prescribed:  and  provided,  Further 

proviso. 

further,  that  the  superintendent  of  schools  shall  have 
authority  to  suspend  this  requirement  in  any  case  when,  in 
his  opinion,  the  interests  of  the  child  will  best  be  served 
by  such  suspension. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  governor  on  the  eigh- 
teenth day  of  May,  1914,  ana  after  five  days  it  had  "the  force 
of  a  law",  as  prescribed  by  the  constitution,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.} 

[1911,  194.] 

AN  ACT  RELATIVE  TO  TRESPASSING  UPON  LANDS  OF  THE 
PRISON  CAMP  AND  HOSPITAL  AND  THE  INDUSTRIAL 
SCHOOL  FOR  BOYS. 

The  provisions  of  section  one  hundred  and  twelve  of  R.  L.  208,  §  112, 

made  applica- 

chapter  two  hundred  and  eight  of  the  Revised  Laws,  and  bie  to  Prison 

Camp  and  the 

of  amendments  thereof,  providing  a  penalty  for  trespass-  Ichwif^Boys 
ing  upon  land  of  certain  institutions,  are  hereby  extended 
and  made  applicable  to  the  lands  of  the  prison  camp  and 
hospital  in  Rutland,  and  of  the  industrial  school  for  boys 
in  Shirley.    [Approved  March  25,  1911. 

[1913,  404.] 

AN    ACT    RELATIVE    TO    TRESPASSING    UPON    THF    LAND    OF 
CERTAIN  PUBLIC   INSTITUTIONS. 

SECTION  1.    The  provisions  of  section  one  hundred  and  R.  L.  208,  §  112, 

made  apphca- 


twelve  of  chapter  two  hundred  and  eight  of  the  Revised 
Laws,  and  of  any  amendments  thereof,  providing  a  pen-  llrm  an 
alty  for  trespassing  upon  land  of  certain  institutions,  are  in^ii^ 
hereby  extended  and  made  applicable  to  the  lands  of  Mas- 
sachusetts training  schools,  state  charitable  institutions 
and  the  state  farm. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  28,  1913. 


218 


MANUAL  OF  LAWS. 


[Cn.  86. 


Solitary 
confinement 
in  juvenile 
reformatory 
schools  pro- 
hibited. 


[1911,  265.] 

AN  ACT  TO   PROHIBIT  THE  USE   OF  SOLITARY  CONFINEMENT 
ROOMS  OR  CELLS  IN  JUVENILE  REFORMATORY  SCHOOLS. 

SECTION  1.  It  shall  be  unlawful  for  the  officers  of  any 
juvenile  reformatory  school  to  place  an  inmate  in  any  cell, 
room  or  cage  in  solitary  confinement.  Whenever  restraint 
or  separation  from  the  other  inmates  is  necessary,  confine- 
ment shall  be  permitted  only  in  a  place  where  the  inmate 
is  under  the  constant  supervision  of  an  officer  of  the 
school. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  April  10,  1911. 


Certain  boards 
abolished. 


Board  of 

trustees  of 

Massachusetts 

training 

schools 

created. 


[1911,  566.] 

AN  ACT  TO  ESTABLISH  A  BOARD  TO  BE  KNOWN  AS  TRUSTEES 
OF  MASSACHUSETTS   TRAINING   SCHOOLS. 

SECTION  1.  The  board  of  trustees  of  the  Lyman  school 
for  boys  at  Westborough  and  the  state  industrial  school  for 
girls  at  Lancaster  and  the  board  of  trustees  of  the  indus- 
trial school  for  boys  at  Shirley  are  hereby  abolished.  The 
management,  government  and  care  of  all  reformatory 
institutions  for  juveniles,  except  the  reformatory  at  Con- 
cord, supported  by  the  commonwealth  for  the  custody, 
care  and  reformation  of  juvenile  offenders  shall  be  vested 
in  a  board  of  nine  trustees,  two  of  whom  shall  be  women, 
to  be  appointed  by  the  governor  with  the  advice  and  con- 
sent of  the  council.  Of  the  trustees  first  appointed  under 
this  act  seven  shall  be  selected  from  the  members  of  the 
boards  of  trustees  abolished  by  this  act.  The  terms  of 
office  of  the  trustees  shall  begin  on  the  first  day  of  July 
following  their  appointment.  Of  the  trustees  first  ap- 
pointed under  this  act,  two  shall  hold  office  for  one  year, 
two  for  two  years,  two  for  three  years,  two  for  four  years 
and  one  for  five  years,  or  until  their  successors  are  ap- 
pointed; and  the  governor  shall  appoint  annually  there- 
after, in  the  month  of  June,  a  successor  of  each  trustee 


CH.86.]      STATE  TRAINING  SCHOOLS,  ETC.  219 

whose  term  is  about  to  expire,  and  such  successor  shall 
hold  office  for  five  years  from  the  first  day  of  July  next 
ensuing.  In  case  of  vacancy  in  the  board  of  trustees 
caused  by  resignation,  removal  from  the  state  or  death  of 
a  trustee,  the  governor  shall  immediately  appoint  a  per- 
son to  fill  the  vacancy  for  the  unexpired  term.  The  said 
board  shall  be  known  as  Trustees  of  Massachusetts 
Training  Schools. 

SECTION  2.  The  trustees  shall  appoint  a  secretary  who  Secretary, 
shall  not  be  a  member  of  the  board  but  shall  be  its 
executive  officer  and  shall  hold  office  during  the  pleasure 
of  the  trustees.  He  shall  receive  from  the  commonwealth 
a  salary  to  be  fixed  by  the  trustees,  subject  to  the  ap- 
proval of  the  governor  and  council,  and  his  necessary 
expenses  incurred  in  the  performance  of  his  official  duties. 
He  shall  be  provided  with  an  office  in  or  near  the  state 
house.  The  trustees  may  appoint  a  secretary  pro  tern- 
pore,  who  in  the  absence  of  the  secretary  shall  perform  his 
duties.  They  may  appoint  one  of  their  members  to  act  as 
secretary  pro  tempore.  They  may  expend  annually  for 
clerical  assistance  and  office  expenses  such  sums  as  may  be 
appropriated  by  the  general  court. 

SECTION  3.    The  said  trustees  shall  have  the  same  rights  Rights  and 

powers  of 

and  powers,  be  charged  with  the  same  duties,  and  be  sub-  trustees. 
ject  to  the  same  responsibilities  in  regard  to  the  said 
juvenile  reformatory  institutions  and  to  the  officers  and 
inmates  thereof  as  by  law  are  given  to  or  imposed  upon 
the  boards  of  trustees  of  the  Lyman  school  for  boys,  the 
industrial  school  for  girls  at  Lancaster  and  the  industrial 
school  for  boys  at  Shirley,  and  shall  in  all  respects  succeed 
to  the  trusts,  rights,  powers  and  duties  which  by  existing 
laws  are  vested  in  or  imposed  upon  the  said  several  boards 
of  trustees  abolished  by  this  act. 

SECTION  4.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

SECTION  5.    This  act  shall  take  effect  on  the  first  day  of  Time  of  taking 

effect. 

July  in  the  year  nineteen  hundred  and  eleven.  [Approved 
June  22,  1911. 


220 


MANUAL  OF  LAWS. 


[Cn.  86. 


Commitments 
to  department 
for  defective 
delinquents. 


[1911,  595.] 

AN  ACT  TO  PROVIDE  FOB  THE  MAINTENANCE  AT  THE 
REFORMATORY  FOR  WOMEN,  THE  MASSACHUSETTS 
REFORMATORY  AND  THE  STATE  FARM  OF  DEPARTMENTS 
FOR  DEFECTIVE  DELINQUENTS. 

SECTION  1.  [Amended  by  1913,  796,  infra.]  If  in  any  case  where  a 
court  might  by  way  of  final  disposition  commit  an  offender  to  the  state 
prison,  the  reformatory  for  women,  or  any  jail  or  house  of  correction,  or  to 
the  Massachusetts  reformatory,  the  state  farm,  or  to  the  industrial  school 
for  boys,  the  industrial  school  for  girls,  the  Lyman  school,  any  truant 
school,  or  the  custody  of  the  state  board  of  charity,  for  an  offence  not  punish- 
able by  death  or  imprisonment  for  life,  it  shall  appear  that  the  offender  has 
committed  the  offence  with  which  he  is  charged,  is  mentally  defective,  and 
is  not  a  proper  subject  for  the  schools  for  the  feeble-minded,  or  for  com- 
mitment as  an  insane  person,  the  court  may  commit  such  offender  to  a 
department  for  defective  delinquents,  hereinafter  established,  according 
to  the  age  and  sex  of  the  defendant  as  hereinafter  provided. 

violations  of          SECTION  2.     If  an  offender  while  under  commitment  to 

regulations, 

etc-  any  of  the  institutions  or  to  the  board  named  m  section 

one  of  this  act  persistently  violates  the  regulations  of 
the  institution  or  board  in  whose  custody  the  offender  is, 
or  conducts  himself  or  herself  so  indecently  or  immorally, 
or  otherwise  so  grossly  misbehaves  as  to  render  himself  or 
herself  an  unfit  subject  for  retention  in  said  institution  or 
by  said  board,  and  it  appears  that  such  offender  is  men- 
tally defective  and  is  not  a  proper  subject  for  the  schools 
for  the  feeble-minded,  the  physician  in  attendance  at  such 
institution  or  a  physician  employed  by  said  board  shall 
make  a  report  thereof  to  the  officer  in  charge  of  said  insti- 
tution or  to  the  superintendent  of  minor  wards  of  said 
board,  who  shall  transmit  the  same  to  one  of  the  judges 
mentioned  in  section  twenty-nine  of  chapter  five  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  nine. 
The  judge  shall  make  inquiry  into  the  facts  and,  if  satis- 
fied that  the  offender  is  mentally  defective  and  is  not  a 
proper  subject  for  the  schools  for  the  feeble-minded,  shall 
order  the  removal  of  the  offender  to  a  department  for 
defective  delinquents,  hereinafter  established,  according  to 
the  age  and  sex  of  the  defendant  as  hereinafter  provided. 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  221 

SECTION  3.    No  person  shall  be  committed  to  a  depart-  Certificate  of 

mental  de- 

ment  for  defective  delinquents  under  the  two  preceding  fectiveness  to 

0  be  filed,  etc. 

sections  unless  there  has  been  filed  with  the  judge  a  certi- 
ficate of  the  mental  defectiveness  of  such  person  by  two 
physicians  qualified  as  provided  in  section  thirty-two  of 
chapter  five  hundred  and  four  of  the  acts  of  the  year  nine- 
teen hundred  and  nine  and  acts  in  amendment  thereof 
or  in  addition  thereto.  The  fees  of  the  certifying  phy- 
sicians shall  be  of  the  amount  and  paid  in  the  manner 
provided  for  like  service  in  said  chapter  five  hundred 
and  four,  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

SECTION  4.  If  an  inmate  of  a  school  for  the  feeble- 
minded  persistently  violates  the  regulations  of  the  school,  etc- 
or  conducts  himself  or  herself  so  indecently  or  immorally, 
or  so  grossly  misbehaves  as  to  render  himself  or  herself  an 
unfit  subject  for  retention  therein,  the  officer  in  charge  of 
the  school  shall  make  a  report  thereof  to  one  of  the  judges 
mentioned  in  section  twenty-nine  of  said  chapter  five  hun- 
dred and  four.  The  judge  shall  make  inquiry  into  the 
facts  and,  if  satisfied  that  such  inmate  is  not  a  fit  subject 
for  retention  in  the  said  school,  shall  order  the  removal  of 
the  inmate  to  a  department  for  defective  delinquents, 
hereinafter  established,  according  to  the  age  and  sex  of  the 
inmate  as  hereinafter  provided. 

SECTION  5.  [Amended  by  1913,  796,  §  1,  infra.]  At  the  reformatory  for  Departments 
women,  the  Massachusetts  reformatory,  and  the  state  farm  there  shall  be 
maintained  departments  to  be  termed  departments  for  defective  delinquents,  etc. 
for  the  custody  of  persons  committed  thereto  under  this  act.  All  male 
persons  under  twenty-one  years  of  age  committed  under  the  provisions  of 
this  act  shall  be  committed  to  the  department  at  the  Massachusetts  reforma- 
tory. Men  twenty-one  years  of  age,  or  over,  committed  under  this  act  shall 
be  committed  to  the  department  at  the  state  farm.  All  women  and  girls 
committed  under  this  act  shall  be  committed  to  the  department  at  the  re- 
formatory for  women.  All  persons  committed  to  the  departments  for  de- 
fective delinquents  hereby  established  at  the  reformatory  for  women  and 
the  Massachusetts  reformatory  shall  be  and  remain  in  the  custody  of  the 
board  of  prison  commissioners  until  discharged  as  hereinafter  provided,  and 
all  persons  committed  to  the  department  for  defective  delinquents  hereby 
established  at  the  state  farm  shall  be  and  remain  in  the  custody  of  the  trustees 
of  the  state  farm  until  discharged  as  hereinafter  provided. 


222  MANUAL  OF  LAWS.  [Cn.se. 

Parole,  etc.  SECTION  6.     The  prison  commissioners  and  the  trustees 

of  the  state  farm  may,  respectively,  parole  inmates  of  the 
departments  for  defective  delinquents,  herein  provided  for, 
at  their  respective  institutions,  on  such  conditions  as  they 
deem  best,  and  they  may  at  any  time  recall  to  the  insti- 
tution any  inmate  paroled. 

0r  SECTION  7.  Any  person  may  apply  at  any  time  to  the 
justice  of  the  district,  police  or  municipal  court  in  whose 
jurisdiction  a  department  for  defective  delinquents  is 
located  for  the  discharge  of  any  inmate  of  said  department. 
A  hearing  shall  thereupon  be  held  by  said  justice,  of  which 
notice  shall  be  given  to  the  applicant  and  to  the  person  in 
charge  of  the  institution  where  the  inmate  is  confined. 
If  after  the  hearing  the  justice  shall  find  that  it  is  probable 
that  the  inmate  can  be  suffered  at  large  without  serious 
injury  to  himself  or  herself,  or  damage  or  injury  or  annoy- 
ance to  others,  the  authorities  having  custody  of  said 
inmate  shall  parole  the  inmate.  Further  action  on  the 
application  for  the  inmate's  discharge  shall  be  suspended 
for  one  year  from  the  date  of  his  or  her  parole.  If  at  the 
end  of  said  year  the  justice  of  the  court  where  the  applica- 
tion was  filed  shall  find  that  said  inmate  can  be  suffered  to 
be  permanently  at  large  without  serious  injury  to  himself 
or  herself,  or  damage  or  injury  or  annoyance  to  others,  the 
authorities  having  custody  of  said  inmate  shall  discharge 
the  inmate.  If,  at  any  time  prior  to  the  expiration  of  said 
year  of  parole,  the  justice  of  the  court  where  the  applica- 
tion was  filed  shall  be  satisfied  that  the  best  interests  of 
said  inmate,  or  of  the  public,  require  the  recall  of  the 
inmate  from  parole,  he  may  authorize  the  authorities 
having  custody  of  the  inmate  to  recall  the  inmate  from 
parole.  If  an  application  is  denied,  a  new  application  shall 
not  be  made  within  one  year  after  the  date  of  the  order 
denying  the  previous  application.  If  a  person  discharged 
under  the  provisions  of  this  section  is  found  by  any  court 
to  have  committed,  after  his  discharge,  any  offence  against 
the  laws  of  the  commonwealth,  said  court  may  commit 


CH.86J      STATE  TRAINING  SCHOOLS,  ETC.  223 

such  person  to  a  department  for  defective  delinquents  with- 
out the  certificate  of  any  physician. 

SECTION  8.    Any  special  justice,  when  holding  court  at  f °^farf  of 
the  request  of  the  justice,  shall  have  the  powers  and  per-  ^u^8^ 
form  the  duties  of  the  justice  under  this  act.    In  case  of  a 
vacancy  in  the  office  of  justice  and  in  the  case  of  the  ill- 
ness, absence  or  other  disability  of  the  justice,  the  special 
justice  who  holds  the  senior  commission  shall,  if  no  request  " 
has  been  made  as  aforesaid,  have  the  powers  and  perform 
the  duties  of  the  justice  under  this  act. 

SECTION  9.     The  record  of  all  proceedings  under  this  Records  of 

0  proceedings. 

act,  and  all  papers  in  connection  therewith,  shall  be  kept 
as  provided  in  section  forty-one  of  chapter  five  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  and  the  same  docket  shall  be  used  for  the  proceed- 
ings under  this  act  which  is  used  under  said  section 
forty-one. 

SECTION  10.  All  commitments  under  this  act  shall  be  Commitments. 
made  under  an  order  signed  by  the  judge  making  the 
order.  Orders  for  commitment  may  be  served  by  any 
person  qualified  to  serve  any  processes  issued  from  the 
court  in  which  the  justice  making  the  commitment  sits  or, 
in  case  of  transfers,  by  any  officer  or  attendant  of  the 
institution  from  which  the  transfer  is  being  made.  The 
officer  or  other  person  serving  such  order  shall  make 
return  of  service  on  an  attested  copy  of  the  order. 

SECTION  11.  All  the  expenses  attending  all  proceedings  Expenses. 
under  this  act  shall  be  allowed,  certified,  and  paid  in  the 
manner  provided  in  section  forty-nine  of  chapter  five  hun- 
dred and  four  of  the  acts  of  the  year  nineteen  hundred 
and  nine  and  acts  in  amendment  thereof  and  in  addition 
thereto. 

SECTION  12.  [Amended  by  1913,  796,  §  2,  infra.]  This  act  shall  take  T^me  of  takine 
effect  when  the  departments  named  in  section  five  are  ready  for  occupancy. 
The  prison  commissioners  and  the  trustees  of  the  state  farm  shall  notify  the 
governor  when  said  departments  are  in  a  suitable  condition  to  receive  in- 
mates; and  the  governor  may  then  issue  his  proclamation  establishing  such 
departments  as  places  for  the  custody  of  defective  delinquents.  [Approved 
June  27,  1911. 


224 


MANUAL  OF  LAWS. 


[Cn.  86. 


1911,  595,  §  5, 
amended. 


Departments 
for  defective 
delinquents 
may  be 
established, 
etc. 


1911,  595,  §  12, 
amended. 


Time  of 
taking  effect. 


[1913,  796.] 

AN     ACT      RELATIVE      TO      DEPARTMENTS      FOR     DEFECTIVE 
DELINQUENTS. 

SECTION  1.  Chapter  five  hundred  and  ninety-five  of  the 
acts  of  the  year  nineteen  hundred  and  eleven  is  hereby 
amended  by  striking  out  section  five  and  inserting  in  place 
thereof  the  following :  —  Section  5.  At  the  reformatory  for 
women,  the  Massachusetts  reformatory,  the  state  farm  or 
such  other  place  or  places  as  may  be  approved  by  the 
governor  and  council,  there  may  be  maintained  depart- 
ments to  be  termed  departments  for  defective  delinquents, 
for  the  custody  of  persons  committed  thereto  under  this 
act.  All  male  persons  committed  under  the  provisions  of 
this  act  shall  be  committed  to  the  department  for  male  de- 
fective delinquents.  All  women  and  girls  committed  under 
this  act  shall  be  committed  to  the  department  for  defective 
delinquents  for  women.  All  persons  committed  to  the 
departments  for  defective  delinquents  hereby  established 
shall  be  and  remain  in  the  custody  of  the  board  of  prison 
commissioners  until  discharged  as  hereinafter  provided  and 
all  persons  committed  to  the  department  for  defective 
delinquents,  if  established  at  the  state  farm,  shall  be  and 
remain  in  the  custody  of  the  trustees  of  the  state  farm 
until  discharged  as  hereinafter  provided. 

SECTION  2.  Section  twelve  of  said  chapter  five  hundred 
and  ninety-five  is  hereby  amended  by  inserting  after  the 
word  "when",  in  the  first  line,  the  words:  —  any  of,  —  so 
as  to  read  as  follows:  —  Section  12.  This  act  shall  take 
effect  when  any  of  the  departments  named  in  section  five 
are  ready  for  occupancy.  The  prison  commissioners  and 
the  trustees  of  the  state  farm  shall  notify  the  governor 
when  said  departments  are  in  a  suitable  condition  to  re- 
ceive inmates;  and  the  governor  may  then  issue  his  procla- 
mation establishing  such  departments  as  places  for  the 
custody  of  defective  delinquents.  [Approved  June  13, 1913. 


For  provision  as  to   leasing   temporary   quarters,  see   Resolves 
1913,  124. 


Case.]     STATE  TRAINING  SCHOOLS,  ETC.  225 

[1913,  457.] 

AN   ACT   TO    AUTHORIZE    CONTINUANCES    IN    CASES   AGAINST 

CHILDREN. 

Whenever  any   child   is   brought  before   any   court  for  Cases  against 

•  i  111-  <>  certain 

being  neglected,  wayward,  delinquent,  truant,  or  lor  being  children  may 

be  continued, 

an  habitual  absentee  and  habitual  school  offender  or  stub-  etc- 
born,  the  court  may  continue  the  case  for  such  time  not 
exceeding  six  months  for  any  one  continuance  as  shall  seem 
best  for  the  interest  of  the  child.     [Approved  April  10, 
1913. 

,       [1913,  471,  §2.] 

AN    ACT    RELATIVE    TO    POLICE,    DISTRICT    AND    MUNICIPAL 
COURTS   AND   THEIR   OFFICIALS   AND   PRACTICE. 

SECTION  2.    In  all  cases  the  execution  of  orders  of  com-  Execution  of 

certain  orders 

mitment  to  the  Massachusetts  reformatorv,  the  reforma-  of  commit- 

«  '  ment  may  be 

tory  for  women,  the  Suffolk  school  for  boys,  the  Plummer  |tepended> 
farm  school  of  reform  for  boys,  any  truant  school,  however 
named,  any  house  of  reformation  for  juvenile  offenders,  the 
Lyman  school,  the  industrial  school  for  girls,  the  industrial 
school  for  boys,  and  the  state  board  of  charity,  may  be 
suspended,  and  such  suspension  continued  or  revoked,  in 
the  same  manner  and  with  the  same  effect  as  the  execution 
of  sentences  in  criminal  cases.  [Approved  April  10,  1913. 

[1914,  762,  §  2.] 

AN  ACT  RELATIVE  TO   THE   ORGANIZATION  AND   POWERS   OF 
THE   STATE   BOARD   OF  INSANITY. 

SECTION  2.    The  state  board  of  insanity  in  addition  to  state  board 

of  insanity, 

its  present  powers  shall  have  the  following  powers  and  g°™;|s3and 
duties:  It  shall  have  charge  of  all  insane,  feeble-minded 
and  epileptic  persons  and  of  persons  addicted  to  the  in- 
temperate use  of  narcotics  or  stimulants,  the  care  of  whom 
is  vested  in  the  commonwealth  by  law,  and  of  all  institu- 
tions or  buildings  now  or  hereafter  owned  or  maintained 
by  the  commonwealth  for  the  care  of  such  persons.  But 


226 


MANUAL  OF  LAWS. 


[Cn.  86. 


Norfolk'State 
Hospital  and 
Hospital  i»>w  «t 
Cottages'for  ** 
Children  to  be 
supervised(by 
state  board  of 
charity. 


Trustees 
Massachusetts 
training 
schools  may 
grant  dis- 
charges in 
certain  cases. 


May  transfer 
certain  inmates 
to  the 

Massachusetts 
reformatory 
and  the  re- 
formatory for 
women. 


the  board  shall  not  have  charge  of  the  Norfolk  state  hos- 
pital or  of  the  Hospital  Cottages  for  Children;  and  the 
powers  and  duties  now  pertaining  to  the  state  board  of 
insanity  in  respect  to  the  said  two  institutions  shall  here- 
inafter pertain  to  the  state  board  of  charity.  The  state 
board  of  insanity  shall  have  supervision  and  control  of 
any  institution  which  may  hereafter  be  placed  under  its 
supervision  and  control  by  the  governor  with  the  advice 
and  consent  of  the  council.  The  board  shall  have  the 
same  powers  relative  to  state  charges  in  institutions  or 
other  places  under  its  supervision  and  to  their  property  as 
are  vested  in  towns  and  overseers  of  the  poor  relative  to 
paupers  supported  or  relieved  by  towns.  [Approved  July 
7,  1914- 

[1915,  113,  GEN.] 

AN  ACT  FURTHER  TO  DEFINE  THE  POWERS  AND  DUTIES  OF 
THE  TRUSTEES  OF  MASSACHUSETTS  TRAINING  SCHOOLS. 
SECTION  1.  The  board  of  trustees  in  charge  of  the  in- 
dustrial school  for  boys,  of  the  industrial  school  for  girls 
and  of  the  Lyman  school  for  boys,  may  grant  an  honorable 
discharge  to  any  person  in  their  custody  who,  in  its 
opinion,  for  meritorious  conduct  is  worthy  and  deserving 
of  such  a  discharge,  and  whom  the  trustees  believe  to  be 
permanently  reformed.  The  court  of  commitment  shall  be 
so  notified  in  writing  and  thereupon  shall  make  an  entry 
to  the  foregoing  effect  in  their  records  concerning  this 
particular  person.  An  honorable  discharge  by  the  trustees, 
or  upon  attaining  the  age  of  twenty-one  years,  shall  be  a 
complete  release  from  all  penalties  or  disabilities  incurred 
in  consequence  of  commitment  to  any  of  the  foregoing 
institutions. 

SECTION  2.  The  trustees  may  transfer  any  person  com- 
mitted or  transferred  to  the  industrial  school  for  boys  or 
to  the  Lyman  school  for  boys,  who  is  still  in  the  custody 
of  said  trustees,  and  who  has  proved  unmanageable  or  an 
improper  person  to  remain  in  either  of  the  said  institu- 


CH.86.]      STATE   TRAINING  SCHOOLS,   ETC.  227 

tions,  to  the  Massachusetts  reformatory;  and  in  the  same 
way  may  transfer  any  person  committed  or  transferred  to 
the  industrial  school  for  girls  and  still  in  the  custody  of 
the  trustees,  to  the  reformatory  for  women.  Any  person 
so  transferred  shall  be  accompanied  by  all  mittimuses  and 
processes,  by  a  copy  of  the  medical  report,  and  by  the 
facts  covering  the  history  and  conduct  of  the  person,  and 
of  the  circumstances  of  the  person's  home,  so  far  as  they 
can  be  ascertained.  In  all  other  respects  the  transfer  shall 
have  the  same  effect  as  is  now  provided  by  law.  All  pro- 
visions of  law  inconsistent  with  this  section  are  hereby 
repealed. 

SECTION  3.    The  trustees  may  act  as  guardians  for  any  May  act  as 

.,.,.,  ,         .  guardian  in 

boy  or  girl  in  their  charge  who  is  under  twenty-one  years  certain  cases. 
of  age  and  who  has  neither  parent  living  nor  any  guardian 
otherwise  appointed,  with  all  the  power  and  authority 
conferred  by  the  provisions  of  chapter  one  hundred  and 
forty-five  of  the  Revised  Laws  and  amendments  thereof, 
except  that  when  a  guardian  otherwise  may  be  appointed, 
the  powers  herein  conferred  shall  cease. 

SECTION  4.     The  trustees  shall  make  earnest  efforts  to  TO  encourage 

.  .  thrift  in  their 

induce  boys  and  girls,  in  their  charge  on  parole,  to  save  wards- 
some  portion  of  their  earnings  which,  under  the  direction 
of  the  trustees,  shall  be  placed  in  savings  banks  and  held 
by  them  for  the  benefit  of  the  ward,  or  when  deemed 
necessary,  expended  in  his  or  her  behalf,  or  by  direction 
of  the  trustees  applied  on  liabilities  incurred  by  the  ward. 
Upon  the  attaining  of  the  age  of  twenty-one  years,  unless  a 
different  agreement  is  made  by  the  trustees  with  the  ward, 
these  deposits  shall  be  paid  to  the  ward,  or  in  case  of 
death  at  any  time,  to  his  legal  representatives. 

SECTION  5.     The  provisions  of  chapter  three  hundred  a^p7iy3toin° 
and  sixty-two  of  the  acts  of  the  year  nineteen  hundred  and  Sd^trifaithe 
seven  shall  be  extended  to  inmates  of  the  industrial  school  bo^s?1  f< 
for  boys. 

SECTION  6.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  27,  1915. 


228 


MANUAL  OF  LAWS. 


[1904,446. 


Board  of 
trustees  of  the 
Massachusetts 
School  and 
Home  for 
Crippled  and 
Deformed 
Children, 
appointment, 
terms,  etc. 


Vacancy. 


Certain  lands 
not  to  be 
taken  for 
street,  high- 
way, etc., 
without  leave 
of  general 
court. 


Powers  and 
duties  of 
trustees. 


THE  MASSACHUSETTS  HOSPITAL  SCHOOL. 

[1904,  446.] 

AN    ACT    TO    ESTABLISH    THE    MASSACHUSETTS    SCHOOL    AND 
HOME    FOR   CRIPPLED   AND   DEFORMED    CHILDREN. 

For  change  of  name,  see  1907,  226,  infra.  For  protection  of 
minors  in  the  religious  belief  of  their  parents,  see  1905,  464,  p.  117, 
supra.  As  to  correspondence  by  letter  between  the  Board  and  in- 
mates of  institutions  under  its  supervision,  see  1906,  341,  p.  137, 
supra.  As  to  estimates  and  plans  for  improvements  at  State  insti- 
tutions, see  1907,  271,  520,  p.  137,  supra. 

SECTION  1.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  five  persons  who  shall  consti- 
tute the  Board  of  Trustees  of  the  Massachusetts  School 
and  Home  for  Crippled  anol  Deformed  Children,  the  pur- 
pose of  which  shall  be  the  education  and  care  of  the 
crippled  and  deformed  children  of  the  commonwealth. 
The  trustees  shall  hold  office  for  terms  of  one,  two,  three, 
four  and  five  years,  respectively,  beginning  with  the  first 
Monday  of  December  in  the  present  year,  and  until  their 
respective  successors  are  appointed  and  qualified;  and 
previous  to  the  first  Monday  in  December  in  each  year 
thereafter  the  governor  shall  in  like  manner  appoint  one 
such  trustee  to  hold  office  for  the  term  of  five  years,  begin- 
ning with  the  first  Monday  in  December  of  the  year  of  his 
appointment,  and  until  his  successor  is  appointed  and 
qualified.  Any  such  trustee  may  be  removed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council.  Any 
vacancy  occurring  in  said  board  shall  be  filled  in  like 
manner  for  the  unexpired  term. 

SECTION  2.  The  lands  held  by  said  trustees  in  trust  for 
the  commonwealth  for  the  use  of  said  school  and  home,  as 
hereinafter  provided,  shall  not  be  taken  for  a  street,  high- 
way or  railroad  without  leave  of  the  general  court  specially 
obtained. 

SECTION  3.  The  trustees  shall  be  a  corporation  for  the 
same  purposes  for  which  the  trustees  of  each  of  the  state 


1904,446.]  THE  MASSACHUSETTS  HOSPITAL  SCHOOL.  229 

insane  hospitals  are  made  a  corporation  by  section  twenty- 
three  of  chapter  eighty-seven  of  the  Revised  Laws,  with 
all  the  powers  necessary  to  carry  said  purposes  into  effect. 

SECTION  4.     The   trustees   shall   select   a   site  for   the  Trustees  to 
school  and  home;   and  shall  have  power  to  purchase  land  sche£>und °r 
therefor,   subject   to   the   approval   of  the   governor  and  buildings,  etc. 
council,  and  to  erect  on  such  land  suitable  buildings  to 
hold  not  less  than  three  hundred  children  and  the  officers, 
employees  and  attendants,  and  to  provide  for  the  equip- 
ment and  furnishing  of  said  buildings:    provided,  however,  Proviso. 
that  the  expenditure  for  carrying  out  the  purposes  of  this 
act  shall  not  exceed  three  hundred  thousand  dollars.     No  Plans  to  be 
expenditure  shall  be  made  for  the  erection  of  buildings  governor  and 

council. 

except  for  plans  therefor,  until  the  plans  have  been  ap- 
proved by  the  governor  and  council,  and  no  such  approval 
shall  be  given  unless  the  governor  and  council  shall  be 
satisfied  that  the  cost  of  the  real  estate  and  the  erection 
and  completion  of  buildings  and  the  equipment  and 
furnishing  of  the  same,  so  as  to  be  ready  for  occupancy, 
will  not  exceed  three  hundred  thousand  dollars.  The  Contracts,  etc. 
trustees  shall  have  authority  to  make  all  contracts  and 
employ  all  agents  necessary  to  carry  into  effect  the  provi- 
sions of  this  act. 

SECTION  5.     The  trustees  shall  have  the  same  powers  Powers  and 
and  shall  be  required  to  perform  the  same  duties  in  the  trustees. 
management  and  control  of  the  said  school  and  home,  as 
are  vested  in,  and  required  of,  the  trustees  of  the  various 
state  insane  hospitals  under  chapter  eighty-seven  of  the 
Revised  Laws,  so  far  as  said  chapter  is  applicable. 

SECTION  6.     When  the  buildings  constructed  under  the  Governor  to 

„       ,  .  f  ,          ,       ,  .  ,        issue  procla- 

provisions  ot  this  act  are  so  tar  completed  that  in  the  mationestab- 

...  lishing  school 

opinion  or  the  trustees  they  may  properly  be  used  tor  the  and  home. 
purposes  of  the  school  and  home,  the  trustees  shall  notify 
the  governor,  who  shall  thereupon  issue  his  proclamation 
establishing  the  school  and  home. 

SECTION  7.     After  the  establishment  of  the  school  and  °2f£^£? 
home  the  trustees  shall  receive  no  compensation  for  their  of  trustee3- 


230 


MANUAL  OF  LAWS. 


[1904,  446. 


Appointment, 
etc.,  of 
persons 
necessary  for 
administra- 
tion of 
affairs,  etc. 


Payment  of 
charges  for 
support  of 
children,  etc. 


1904,  446,  §  9, 
amended. 


Children  who 
may  be 
admitted  to 
the  hospital 
school. 


services,  but  they  shall  be  reimbursed  from  the  treasury  of 
the  commonwealth  for  all  expenses  actually  incurred  by 
them  in  the  performance  of  their  official  duties. 

SECTION  8.  The  trustees  may  appoint,  and,  subject  to 
the  approval  of  the  governor  and  council,  may  fix  the 
salaries  of  all  persons  necessary  for  the  proper  administra- 
tion of  the  affairs  of  the  school  and  home,  and  may  incur 
all  expenses  necessary  for  the  maintenance  of  the  school 
and  home. 

SECTION  9.  [Superseded  by  1909,  497,  infra.]  The  charges  for  the 
support  of  the  children  of  the  school  and  home  who  are  of  sufficient  ability 
to  pay  for  the  same,  or  have  persons  or  kindred  bound  by  law  to  maintain 
them,  shall  be  paid  by  such  children,  such  persons  or  such  kindred  at  a 
rate  to  be  determined  by  the  trustees  of  the  school  and  home.  The  board 
of  such  children  as  have  a  legal  settlement  in  some  city  or  town  shall  be 
paid  by  such  city  or  town  if  such  children  are  received  at  the  school  and 
home  on  the  request  of  the  overseers  of  the  poor  of  such  city  or  town.  The 
trustees  may  in  their  discretion  receive  other  children  who  have  no  means 
to  pay  for  tuition  and  board;  and  the  tuition  and  board  of  all  such  children 
shall  be  paid  from  the  treasury  of  the  commonwealth. 

[1909,  497.] 

AN  ACT  RELATIVE  TO  THE  CARE   OF  CERTAIN  CHILDREN  AT 
THE   MASSACHUSETTS   HOSPITAL   SCHOOL. 

SECTION  1.  Chapter  four  hundred  and  forty-six  of  the 
acts  of  the  year  nineteen  hundred  and  four  is  hereby 
amended  by  striking  out  section  nine  and  inserting  in 
place  thereof  the  following :  —  Section  9.  The  trustees 
may,  upon  the  written  application  of  any  child  entitled  to 
receive  the  benefit  of  said  school,  or  upon  such  an  applica- 
tion made  by  a  parent,  guardian,  or  person  having  the 
legal  custody  of  the  child,  or  by  any  state  or  municipal 
board  or  official  having  such  custody,  admit  such  child  to 
said  school,  subject  to  such  rules  and  regulations  as  the 
trustees  may  prescribe,  and  the  trustees  may  at  their 
discretion  discharge  such  child  from  the  school.  The 
charges  for  the  support  of  the  children  of  the  school  who 
are  of  sufficient  ability  to  pay  for  the  same,  or  have  per- 
sons or  kindred  bound  by  law  to  maintain  them,  shall  be 


1904,  446.]  THE  MASSACHUSETTS  HOSPITAL  SCHOOL.  231 

paid  by  such  children,  such  persons  or  such  kindred  at  a 
rate  to  be  determined  by  the  trustees  of  the  school.  The 
board  of  such  children  as  have  a  legal  settlement  in  some 
city  or  town  shall  be  paid  by  such  city  or  town  at  a  rate 
not  exceeding  four  dollars  a  week,  notice  of  the  reception 
of  the  children  by  the  trustees  being  given  by  them  to  the 
overseers  of  the  poor  of  the  city  or  town  of  settlement  as 
soon  as  is  practicable;  and  the  tuition  and  board  of  those 
having  no  such  settlement  shall  be  paid  by  the  common- 
wealth. The  trustees  may  in  their  discretion  receive  other 
children  who  have  no  means  to  pay  for  tuition  and  sup- 
port, and  the  tuition  and  board  of  all  such  children  shall 
be  paid  from  the  treasury  of  the  commonwealth.  The  Payment  of 
attorney-general  and  district  attornevs  shall  upon  request  support  of 

children,  etc. 

bring  action  to  recover  said  charges  in  the  name  of  the 
treasurer  and  receiver  general.  Such  charges  as  are  paid 
by  the  commonwealth',  or  by  any  city  or  town  shall  not  be 
deemed  to  have  been  paid  as  state  or  pauper  aid,  and  no 
person  shall  be  deemed  to  be  a  pauper  in  consequence  of 
his  inability  to  pay  for  the  support  of  a  child  in  said  school. 
The  admission  of  a  child  as  aforesaid  to  the  school  shall 
be  deemed  a  commitment  of  the  child  to  the  care  and  cus- 
tody of  the  commonwealth,  and  the  trustees,  with  the  ap- 
proval of  the  state  board  of  charity,  may  in  their  discre- 
tion detain  the  child  at  said  school  during  its  school  age, 
or  for  such  longer  period  during  its  minority  as  in  the 
opinion  of  the  trustees  will  tend  to  promote  the  education 
and  welfare  of  the  child. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  15,  1909. 


SECTION  10.    There  shall  be  a  thorough  visitation  of  the  visitation  of 

11111  PI  i  11        school  and 

school  and  home  by  two  or  the  trustees  thereof  monthly,  home, 
and  by  a  majority  of  them  quarterly,  and  by  the  whole 
board  semi-annually,  and  after  each  visitation  a  written 
report  of  the  state  of  the  institution  shall  be  drawn  up, 


232 


MANUAL  OF  LAWS. 


[1904,  446. 


Report  to  be 
made  to 
governor  and 
council. 


Books,  etc.,  to 
be  open  to 
inspection  of 
trustees. 
State  board  of 
'charity  to 
have  general 
supervision  of 
school  and 
home,  etc. 


Massachusetts 
School  and 
Home  for 
Crippled  and 
Deformed 
Children  Loan. 


Payment  of 
loan. 


which  shall  be  presented  at  the  annual  meeting  to  be  held 
in  December.  At  the  annual  meeting  the  trustees  shall 
make  a  detailed  report  of  their  doings  to  the  governor  and 
council,  and  shall  audit  the  report  of  the  treasurer,  which 
shall  be  presented  at  said  annual  meeting,  and  transmit  it 
with  their  annual  report  to  the  governor  and  council. 

SECTION  11.  The  accounts  and  books  of  the  treasurer 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees. 

SECTION  12.  The  state  board  of  charity  shall  have 
general  supervision  of  said  school  and  home,  and  may, 
when  so  directed  by  the  governor,  assume  and  exercise  the 
powers  of  the  board  of  trustees  of  said  school  and  home  in 
any  matter  relating  to  the  management  thereof. 

SECTION  13.  [Superseded  by  1905,  128,  infra.]  For  the  purpose  of 
meeting  expenses  incurred  under  the  provisions  of  this  act  the  treasurer 
and  receiver  general  is  hereby  authorized,  with  the  approval  of  the  governor 
and  council,  to  issue  scrip  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  three  hundred  thousand  dollars,  for  a  term  not  exceeding  twenty 
years.  Such  scrip  or  certificates  of  indebtedness  shall  be  issued  as  registered 
bonds  or  with  interest  coupons  attached,  and  shall  bear  interest  at  a  rate 
not  exceeding  four  per  cent  per  annum.  They  shall  be  designated  on  the 
face  thereof  as  the  Massachusetts  School  and  Home  for  Crippled  and  De- 
formed Children  Loan,  shall  be  countersigned  by  the  governor,  and  shall 
be  deemed  a  pledge  of  the  faith  and  credit  of  the  commonwealth,  and  the 
principal  and  interest  shall  be  paid  at  the  times  specified  therein  in  gold 
coin  of  the  United  States  or  its  equivalent;  and  such  scrip  or  certificates 
shall  be  sold  and  disposed  of  at  public  auction,  or  in  such  other  mode,  and 
at  such  times  and  prices,  and  in  such  amounts,  as  the  treasurer  shall  deem 
best.  Such  amounts  shall  be  raised  annually  by  taxation  as  will  be  sufficient, 
with  the  interest  thereon,  to  pay  the  interest  on  the  loan  and  the  principal 
as  it  falls  due. 

SECTION  14.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  8,  1904' 


1904,  446,  §  13, 
amended. 


[1905,  128.] 

AN    ACT    RELATIVE    TO    THE    MASSACHUSETTS    SCHOOL    AND 
HOME   FOR   CRIPPLED   AND   DEFORMED   CHILDREN. 

SECTION  1.  Section  thirteen  of  chapter  four  hundred 
and  forty- six  of  the  acts  of  the  year  nineteen  hundred  and 
four,  being  "An  Act  to  establish  the  Massachusetts  school 


1904,446.]  THE  MASSACHUSETTS  HOSPITAL  SCHOOL.  233 

and  home  for  crippled  and  deformed  children",  is  hereby 
amended  by  striking  out  the  whole  section  and  inserting 
in  place  thereof  the  following:  —  Section  13.  For  the  pur-  Prisons  and 

...   Hospitals 

pose  of  meeting  expenses  incurred  under  the  provisions  of  Loan- 
this  act  the  treasurer  and  receiver  general  is  hereby  au- 
thorized, with  the  approval  of  the  governor  and  council,  to 
issue  scrip  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  three  hundred  thousand  dollars,  for  a  term  not 
exceeding  thirty  years.  Such  scrip  or  certificates  of 
indebtedness  shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  at  a 
rate  not  exceeding  four  per  cent  per  annum.  They  shall 
be  designated  on  the  face  thereof,  Prisons  and  Hospitals 
Loan,  shall  be  countersigned  by  the  governor  and  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  common- 
wealth, and  the  principal  and  interest  shall  be  paid  at  the 
times  specified  therein  in  gold  coin  of  the  United  States  or 
its  equivalent;  and  such  scrip  or  certificates  shall  be  sold 
or  disposed  of  at  public  auction,  or  in  such  other  mode, 
and  at  such  times  and  prices,  and  in  such  amounts,  as  the 
treasurer  shall  deem  best.  The  sinking  fund  established  sinking  fund. 
by  chapter  three  hundred  and  ninety-one  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-four,  known  as  the 
Prisons  and  Hospitals  Loan  Sinking  Fund,  shall  also  be 
maintained  for  the  purpose  of  extinguishing  the  bonds 
issued  under  the  authority  of  this  act,  and  the  treasurer 
and  receiver  general  shall  apportion  thereto  from  year  to 
year  an  amount  sufficient  with  the  accumulations  of  said 
fund  to  extinguish  at  maturity  the  debt  incurred  by  the 
issue  of  said  bonds.  Any  premiums  received  from  the  sale 
thereof  shall  be  paid  into  the  sinking  fund.  The  amount 
necessary  to  meet  the  annual  sinking  fund  requirements 
and  to  pay  the  interest  on  said  bonds  shall  be  raised  by 
taxation  from  year  to  year. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  3,  1905. 


234 


MANUAL  OF  LAWS. 


[Cn.  88. 


Board  of 
trustees. 
1895,  503,  §  1. 
1900,  192. 


Number  of 
trustees  of  the 
Massachusetts 
state  sana- 
torium 
incre 


Use  of  land 
held  by 
trustees. 
1895,  503,  §  2. 


Trustees  to  be 
a  corporation. 
1895,  503,  §  3. 


Powers  and 
duties  of 
trustees. 
1895,  503,  §  5. 


Compensation, 
etc.,  of 
trustees. 
1895,  503,  §  7. 


THE   STATE   TUBERCULOSIS   SANATORIA. 

R.  L.  CHAPTER  88. 
OF  THE  MASSACHUSETTS  STATE  SANATORIUM. 

SECTION  1.  [Superseded  in  part  by  1905,  159,  infra.  See  also  1907, 
474,  §  15,  infra.]  The  board  of  trustees  of  the  Massachusetts  state  sana- 
torium shall  consist  of  five  persons,  one  of  whom  shall  annually,  before 
the  first  Monday  in  July,  be  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  a  term  of  five  years  from  said  day.  Any 
such  trustee  may  be  removed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  for  such  cause  as  they  consider  sufficient  and  express  in  the 
order  of  removal. 

[1905,  159.] 

AN    ACT    TO     INCREASE     THE     NUMBER     OF     THE     TRUSTEES     OF    THE     MASSA- 
CHUSETTS   STATE    SANATORIUM. 

SECTION  1.  [Superseded  by  1907,  474,  §§  1,  15.}  The  number  of  the 
trustees  of  the  Massachusetts  state  sanatorium  is  hereby  increased  to 
seven,  two  of  whom  shall  be  women;  and  the  governor  is  hereby  authorized 
to  appoint,  with  the  advice  and  consent  of  the  council,  before  the  first 
Monday  in  July,  the  additional  trustees  thus  provided  for.  In  the  year 
nineteen  hundred  and  ten,  and  in  every  fifth  year  thereafter,  three  trustees 
shall  be  appointed,  and  in  every  other  year  one  trustee  shall  be  appointed. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  9,  1905. 

SECTION  2.  The  land  held  by  said  trustees  in  trust  for 
the  commonwealth  for  the  use  of  said  sanatorium  shall  not 
be  taken  for  a  street,  highway  or  railroad  without  leave  of 
the  general  court  specially  obtained. 

SECTION  3.  The  trustees  shall  be  a  corporation  for  the 
same  purposes  for  which  the  trustees  of  each  of  the  state 
insane  hospitals  are  made  a  corporation  by  the  provisions 
of  section  twenty-three  of  chapter  eighty-seven,  with  all 
the  powers  necessary  to  carry  said  purposes  into  effect. 

SECTION  4.  Said  trustees  shall  have  the  same  powers 
and  shall  be  required  to  perform  the  same  duties  in  the 
management  and  control  of  said  sanatorium  as  are  vested 
in  and  required  of  the  trustees  of  the  various  state  insane 
hospitals  under  the  provisions  of  sections  twenty-six, 
twenty-seven  and  twenty-nine  of  chapter  eighty-seven. 

SECTION  5.  Said  trustees  shall  receive  no  compensation 
for  their  services,  but  they  shall  be  reimbursed  by  the 


CH.  88.]  THE  STATE  TUBERCULOSIS  SANATORIA.  235 

commonwealth  for  all  expenses  actually  incurred  by  them 
in  the  performance  of  their  official  duties. 

SECTION  6.     Said  trustees  may  appoint  the  physicians,  Physicians, 

assistants, 

assistants  and  employees  necessary  for  the  proper  adminis-  ?*£•,  . 

Io9o,  oUo,  §  o. 

tration  of  the  affairs  of  said  sanatorium  and  may  incur  all 
expenses  necessary  for  the  maintenance  of  the  same. 
They  shall  provide  homoeopathic  medical  treatment  for  all 
patients  who  desire  it  and  for  that  purpose  shall  appoint  such 
number  of  homoeopathic  physicians  as  may  be  necessary. 

SECTION  7.     [Amended  by  1909,  378;    and  repealed  by  1911,'  396,  infra.]  Charges  for 
The  charges  for  the  support  of  the  inmates  of  said  sanatorium  who  are  of  f^ates  etc 
sufficient  ability  or  have  persons  or  kindred   bound   by  law  to  maintain  1895,  503,  §  9. 
them  shall  be  paid  by  such  inmates,  such  persons  or  such  kindred  at  a  rate 
to  be  determined  by  the  trustees  of  said  sanatorium.     The  board  of  such 
inmates  as  have  a  legal  settlement  in  a  city  or  town  shall  be  paid  by  said 
city  or  town  if  such  patients  are  received  at  said  sanatorium  on  the  request 
of  the  overseers  of  the  poor  thereof.     The  trustees  may  in  their  discretion 
receive  other  patients  who  have  no  means  to  pay  for  treatment;    and  the 
board  of  all  such  patients  shall  be  paid  by  the  commonwealth. 

[1909,  378.] 

AN   ACT   RELATIVE   TO   THE    SUPPORT    OF   CERTAIN   INMATES 
OF   THE   MASSACHUSETTS   STATE   SANATORIUM. 

SECTION  1.     [Repealed  by  1911,  396,  infra.]     Section  seven  of  chapter  ^  ^  88,  §  7, 
eighty-eight  of  the  Revised  Laws  is  hereby  amended  by  striking  out  the  amended, 
words  "overseers  of  the  poor",  in  the  eighth  line,  and  inserting  in  place 
thereof  the  words:  —  board  of  health,  —  so  as  to  read  as  follows:  —  Section  Payment  of 
7.     The  charges  for  the  support  of  the  inmates  of  said  sanatorium  who  charges  for 
are  of  sufficient  ability  or  have  persons  or  kindred  bound  by  law  to  main-  certain  in- 

tain  them  shall  be  paid  by  such  inmates,  such  persons  or  such  kindred  at  a  ?Jates  °f  tne 

.  ,  .  .  .  Massachusetts 

rate  to  be  determined  by  the  trustees  of  said  sanatorium.     Ihe  board  of  state  sana- 

such  inmates  as  have  a  legal  settlement  in  a  city  or  town  shall  be  paid  by  torium. 
said  city  or  town  if  such  patients  are  received  at  said  sanatorium  on  the 
request  of  the  board  of  health  thereof.    The  trustees  may  in  their  discretion 
receive  other  patients  who  have  no  means  to  pay  for  treatment;    and  the 
board  of  all  such  patients  shall  be  paid  by  the  commonwealth. 

SECTION  2.     This   act   shall   take   effect  upon   its   passage.     [Approved 
May  13,  1909. 

[1911,  396.] 

AN   ACT   RELATIVE   TO   THE   SUPPORT    OF   CERTAIN   INMATES 
OF  THE   RUTLAND   STATE   SANATORIUM. 

SECTION  1.    Section  seven  of  chapter  eighty-eight  of  the  R.  L.  ss,  §  7, 

T-»        •        i    T  .  PI  i  repealed. 

Revised  Laws  and  sections  one  and  two  01  chapter  three 
hundred  and  seventy-eight  of  the  acts  of  the  year  nineteen 


236 


MANUAL  OF  LAWS. 


hundred   and   nine,    in   amendment   thereof,    are   hereby 
repealed. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  4>  1911. 


Visitation  by 
trustees, 
annual  report. 
1895,  503,  §  10. 


Accounts. 
1895,  503,  §  11. 


Annual  appro- 
priations to  be 
made  for  the 
maintenance 
of  certain 
state  institu- 
tions, etc. 
Accounts. 


SECTION  8.  There  shall  be  a  thorough  visitation  of  said 
sanatorium  by  two  of  the  trustees  thereof  monthly,  and  by 
a  majority  of  them  quarterly,  and  by  the  whole  board  semi- 
annually,  at  each  of  which  a  written  report  of  the  condi- 
tion of  the  institution  shall  be  prepared,  which  shall  be 
presented  at  the  annual  meeting  to  be  held  in  October. 
At  the  annual  meeting,  the  trustees  shall  make  a  detailed 
report  in  the  same  manner  as  is  required  of  the  trustees 
of  the  state  insane  hospitals,  and  shall  audit  the  report  of 
the  treasurer,  which  shall  be  presented  at  said  annual 
meeting,  and  transmit  it  with  their  annual  report  to  the 
governor  and  council. 

See  1905,  211,  establishing  a  new  fiscal  year  for  the  Common- 
wealth; 1902,  438,  establishing  a  State  Board  of  Publication.  For 
submission  of  plans  to  the  State  Board  of  Charity,  see  1907,  271, 
p.  137,  supra. 

SECTION  9.  The  accounts  and  books  of  the  treasurer 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees. 

See  as  to  accounts,  1908,  195. 

ADDITIONAL   LEGISLATION. 

[1905,  175.] 

[Superseded  by  1909,  504,  §§  95,  96.} 

AN    ACT    RELATIVE     TO    THE     ACCOUNTS     OF    CERTAIN    STATE     INSTITUTIONS. 

SECTION  1.  Annual  appropriations,  in  addition  to  unexpended  receipts, 
shall  be  made  for  the  maintenance  of  each  of  the  state  hospitals  and  insane 
asylums,  the  Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  the 
Massachusetts  hospital  for  epileptics,  the  Massachusetts  state  sanatorium, 
and  the  Massachusetts  School  for  the  Feeble-Minded.  All  accounts  for  the 
maintenance  of  the  above  institutions  shall  be  approved  by  the  trustees 
and  filed  with  the  auditor  of  accounts  at  the  end  of  each  month,  and  shall 
be  paid  out  of  the  treasury  of  the  commonwealth.  Full  copies  of  the  pay- 
rolls and  bills  shall  be  kept  at  each  institution,  but  the  originals  shall  be 
deposited  with  the  auditor  of  accounts  as  vouchers. 


CH.  88.]  THE  STATE  TUBERCULOSIS  SANATORIA.  237 

SECTION  2.     All  money  received  by  said  hospitals,  asylums  and  other  Money 
institutions  shall  be  paid  into  the  treasury  of  the  commonwealth  as  often  n^jdlnto 
as  once  in  each  month.    The  receipts  from  each  institution  shall  be  placed  treasury  of 
to  its  credit,  and  shall  be  used  for  its  maintenance  during  the  following  wellth^etc11" 
year. 

SECTION  3.     The   provisions   of  the  two   preceding  sections   shall   not  Certain 
affect  the  powers  of  the  trustees  of  said  institutions  under  the  provisions  tr^t«es°not 
of  section  twenty-three  of  chapter  eighty-seven  of  the  Revised  Laws,  section  affected,  etc. 
three  of  chapter  eighty-eight  of  the  Revised  Laws,  chapter  one  hundred  and 
fifty  of  the  acts  of  the  year  eighteen  hundred  and  fifty,  and  acts  in  amend- 
ment thereof,  nor  their  right  to  legulate  or  control  the  expenditure  of  any 
funds  held  by  them  under  the  provisions  of  said  acts. 

SECTION  4.     Sections  one  hundred  and  twenty-seven,  one  hundred  and  Repeal, 
twenty-eight  and  one  hundred  and  twenty-nine  of  chapter  eighty-seven  of 
the  Revised  Laws  aro  hereby  repealed. 

SECTION  5.     This  act  shall  take  effect  on  the  first  day  of  January  in  When  to  take 
the  year  nineteen  hundred  and  six.     [Approved  March  14,  1905. 

[1907,  222.] 

AN  ACT   RELATIVE  TO  THE   ADMISSION  OF  PERSONS  TO  THE 
MASSACHUSETTS   STATE   SANATORIUM. 

SECTION  1.     [Amended  by  1912,  468.}     In  the  admission  of  persons  to  Admission  of 
the  Massachusetts  state  sanatorium  preference  shall  be  given  to  those  ap-  Massachusetts 

plicants  who  are  citizens  of  the  commonwealth.  state  sana- 

torium. 

SECTION  2.     It  shall  be  the  duty  of  the  state  board  of  ofl£cfawent 
charity  to  see  that  this  law  is  enforced. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  20,  1907. 

[1912,  468.] 

AN  ACT  RELATIVE  TO  THE  ADMISSION  OF  PATIENTS  TO  THE 
RUTLAND   STATE   SANATORIUM. 

SECTION  1.     Chapter  two  hundred  and  twenty-two  of^jjj^81' 
the  acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following :  —  Section  1 .    Except  in  cases  where  Admission  of 

persons  to  the 

the  board  of  trustees  of  hospitals  for  consumptives  con-  Rutland  state 

r  sanatorium. 

siders  that  an  exception  should  be  made,  citizens  of  the 
commonwealth  shall  be  given  preference  in  the  admission 
of  persons  to  the  Rutland  state  sanatorium,  and  no  person 
shall  be  admitted  to  said  sanatorium  who  has  not  been  a 


238 


MANUAL  OF  LAWS. 


[Cn.  88. 


Establishment 
of  sanatoriums 
for  tubercular 
patients. 


Terms  of 
office  of 
trustees,  etc. 


resident   of  the  commonwealth  for  at  least  six  months 
preceding  the  date  of  his  application  for  admission. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  April  10,  1912. 

[1907,  474.] 

AN   ACT   TO    PROVIDE     FOR    ESTABLISHING    THREE    SANATO- 
RIUMS  FOR   TUBERCULAR   PATIENTS. 

SECTION  1.  [Amended  by  1910,  198,  491,  infra.}  The  governor,  with 
the  advice  and  consent  of  the  council,  shall  appoint  a  board  of  nine  persons, 
one  of  whom  shall  be  a  representative  of  the  state  board  of  charity,  another 
of  the  state  board  of  health,  and  three  shall  be  members  of  the  board  of 
trustees  of  the  sanatorium  at  Rutland,  whose  duty  shall  be  to  select  and 
purchase  sites,  approve  plans,  make  contracts,  select  superintendents,  and 
supervise  the  construction  of  three  sanatoriums  for  tubercular  patients, 
each  sanatorium  to  have  accommodations  for  not  less  than  one  hundred 
and  fifty  patients,  and  for  the  necessary  officers,  employees  and  attendants, 
and  to  provide  for  the  equipment  and  furnishing  of  said  buildings,  one  to 
be  located  in  northeastern  Massachusetts,  another  to  be  located  in  south- 
eastern Massachusetts  and  the  third  in  the  Connecticut  valley.  When 
the  said  sanatoriums  have  been  completed,  and  the  governor  has  issued  a 
proclamation  declaring  them  ready  for  the  admission  of  patients  as  here- 
inafter provided,  the  representatives  of  the  board  of  charity,  and  of  the 
board  of  health  designated  above,  shall  cease  to  act,  and  the  administration 
of  the  three  sanatoriums  shall  be  vested  in  the  remaining  seven,  who  shall 
act  as  a  board  of  trustees. 

For  authority  to  take  land  for  sewer  and  water  purposes,  see 
1908,  533,  infra. 

SECTION  2.  The  members  of  said  board  shall  hold  office, 
two  for  the  term  of  five  years,  two  for  the  term  of  four 
years,  one  for  the  term  of  three  years,  one  for  the  term  of 
two  years  and  one  for  the  term  of  one  year,  beginning  with 
the  second  Monday  in  June  in  the  year  nineteen  hundred 
and  seven,  and  until  their  respective  successors  are  ap- 
pointed and  qualified.  In  the  years  nineteen  hundred  and 
eleven  and  nineteen  hundred  and  twelve,  and  in  every 
fifth  year  thereafter,  two  members  shall  be  appointed,  and 
in  every  other  year  one  member  shall  be  appointed.  Each 
member  shall  hold  office  for  the  term  of  five  years,  begin- 
ning with  the  second  Monday  in  June  in  the  year  of  his 
appointment.  The  governor  may,  with  the  advice  and 
consent  of  the  council,  remove  any  member  of  said  board, 


CH.  88.]  THE  STATE  TUBERCULOSIS  SANATORIA.  239 

and  may  appoint  any  person  to  fill  for  the  tmexpired  term 
any  vacancy  occurring  by  resignation  or  removal,  or  for 
any  other  cause. 

SECTION  3.    The  lands  held  bv  said  trustees  in  trust  for  Lands  not  to 

"  .  be  taken  for 

the  commonwealth  for  the  use  of  said  sanatormms  as  here-  highways,  etc. 
inafter  provided  shall  not  be  taken  for  a  highway,  railway 
or  railroad  without  leave  of   the  legislature   specially  ob- 
tained. 

SECTION  4.    The  said  trustees  shall  be  a  corporation  for  Trustees  to  be 
the  same  purposes  for  which  the  trustees  of  each  of  the 
state  insane  hospitals  are  made  a  corporation  by  section 
twenty-three  of  chapter  eighty-seven  of  the  Revised  Laws. 

SECTION  5.  [Amended  by  1908,  532,  §  1.]  The  expenditure  for  carrying  Expenditures, 
out  the  purposes  of  this  act  shall  not  exceed  three  hundred  thousand  dollars. 
No  expenditure  shall  be  made  for  the  erection  of  buildings  except  for  plans 
therefor,  until  such  plans  have  been  approved  by  the  governor  and  council, 
and  no  such  approval  shall  be  given  unless  the  governor  and  council  are 
convinced  that  the  cost  of  the  real  estate  and  the  erection  of  the  buildings, 
and  the  equipment  and  furnishing  of  the  same  ready  for  occupancy,  will 
not  exceed  three  hundred  thousand  dollars.  The  trustees  shall  have  au- 
thority to  make  all  contracts  and  to  employ  all  agents  necessary  to  carry 
into  effect  the  provisions  of  this  act. 

SECTION  6.     Said  trustees  shall  have  the  same  powers  Powers,  etc., 

of  trustees. 

and  shall  be  required  to  perform  the  same  duties  in  the 
management  and  control  of  said  sanatoriums  which  are 
vested  in  and  required  of  the  trustees  of  the  various  state 
hospitals  under  authority  of  chapter  eighty-seven  of  the 
Revised  Laws.  . 

SECTION  7.     [Superseded  by  1908,  532,  §  2.\     When  the  buildings  con-  Governor  to 
structed  under  the  provisions  of  this  act  are  so  far  completed  that  in  the  ^J^buiidings 
opinion  of  said  trustees  they  may  properly  be  used  for  the  purpose  afore-  are  con- 
said,  the  trustees  shall  notify  the  governor,  who  shall  thereupon  issue  his  st 
proclamation  establishing  the  said  sanatoriums. 

SECTION  8.    The  trustees  shall  receive  no  compensation  compensation 

of  trustees. 

for  their  services,  but  they  shall  be  reimbursed  from  the 
treasury  of  the  commonwealth  for  all  expenses  actually 
incurred  by  them  in  the  performance  of  their  official 
duties. 


240 


MANUAL  OF  LAWS. 


[Cn.  88. 


Physicians, 

assistants, 

etc. 


Charges  for 
support  of 
inmates. 


Visitation. 


Accounts, 
etc. 


SECTION  9.  The  trustees  may  appoint  the  physicians, 
assistants  and  employees  necessary  for  the  proper  adminis- 
tration of  the  affairs  of  said  sanatoriums,  and  may  incur  all 
expenses  necessary  for  the  maintenance  of  the  same.  They 
may  also  establish  out  patient  departments,  and  may 
disseminate  information  as  to  the  best  methods  of  com- 
bating the  disease. 

SECTION  10.  [Amended  by  1912,  17,  infra.}  The  charges  for  the  sup- 
port of  each  inmate  in  a  state  sanatorium  shall  be  four  dollars  a  week,  and 
shall  be  paid  quarterly.  Such  charges  for  those  not  having  known  settle- 
ments in  the  commonwealth  shall  be  paid  by  the  commonwealth,  and  may 
afterward  be  recovered  by  the  treasurer  and  receiver  general  of  the  patients, 
if  they  are  able  to  pay,  or  of  any  person  or  kindred  bound  by  law  to  main- 
tain them,  or  of  the  place  of  their  settlement  subsequently  ascertained; 
but  for  those  having  known  settlements  in  this  commonwealth,  the  charges 
shall  be  paid  either  by  the  persons  bound  to  pay  them,  or  by  the  place  in 
which  such  inmates  had  their  settlement,  unless  security  to  the  satisfaction 
of  the  trustees  is  given  for  their  support.  If  any  person  or  place  refuses  or 
neglects  to  pay  such  charges  the  treasurer  and  receiver  general  may  recover 
the  same  to  the  use  of  the  sanatorium,  as  provided  in  section  seventy-nine 
of  chapter  eighty-seven  of  the  Revised  Laws.  A  city  or  town  which  pays 
the  charges  for  the  support  of  an  inmate  of  a  state  sanatorium  shall  have 
like  rights  and  remedies  to  recover  the  amount  thereof,  with  interest  and 
costs,  from  the  place  of  his  settlement  or  from  such  person  of  sufficient 
ability,  or  from  any  person  bound  by  law  to  maintain  him,  as  if  such  charges 
had  been  incurred  in  the  ordinary  support  of  such  inmate. 

SECTION  11.  There  shall  be  a  thorough  visitation  of 
said  sanatoriums  by  two  of  the  trustees  thereof  monthly, 
and  by  a  majority  of  them  quarterly,  and  by  the  whole 
board  semi-annually,  and  at,  or  immediately  after,  each 
visitation  a  written  report  of  the  state  of  the  institution 
shall  be  drawn  up,  which  shall  be  presented  at  the  annual 
meeting  to  be  held  between  the  first  day  of  October  and  the 
first  day  of  November.  At  the  annual  meeting  the  trustees 
shall  make  a  detailed  report  in  the  manner  required  of  the 
trustees  of  the  state  insane  hospitals,  and  shall  audit  the 
report  of  the  treasurer,  which  shall  be  presented  at  said 
annual  meeting,  and  shall  transmit  it  with  their  annual 
report  to  the  governor  and  council. 

SECTION  12.  The  accounts  and  books  of  the  treasurer 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees. 


CH.88.]  THE  STATE  TUBERCULOSIS  SANATORIA.  241 

SECTION  13.     For  the  purpose  of  meeting  the  expenses  Hospitals  for 

,        .  111  ••  /»!•  i       Consumptives 

that  may  be  incurred  under  the  provisions  of  this  act  the  Loan. 
treasurer  and  receiver  general  is  hereby  authorized,  with 
the  approval  of  the  governor  and  council,  to  issue  scrip  or 
certificates  of  indebtedness  to  an  amount  not  exceeding 
three  hundred  thousand  dollars,  for  a  term  not  exceeding 
thirty  years.  Such  scrip  or  certificates  of  indebtedness 
shall  be  issued  as  registered  bonds  or  with  interest  coupons 
attached,  shall  bear  interest  not  exceeding  four  per  cent 
per  annum,  payable  semi-annually  on  the  first  days  of 
May  and  November,  shall  be  designated  on  the  face 
thereof,  Hospitals  for  Consumptives  Loan,  shall  be  coun- 
tersigned by  the  governor,  and  shall  be  deemed  a  pledge 
of  the  faith  and  credit  of  the  commonwealth,  and  the 
principal  and  interest  shall  be  paid  at  the  times  specified 
therein  in  gold  coin  of  the  United  States  or  its  equiva- 
lent. The  said  scrip  or  certificates  of  indebtedness  shall 
be  sold  and  disposed  of  at  public  auction,  or  in  such  other 
mode,  and  at  such  times  and  prices,  and  in  such  amounts, 
the  rate  of  interest  not  to  exceed  the  rate  above  specified, 
as  shall  be  deemed  best  by  the  treasurer  and  receiver  gen- 
eral; but  none  of  said  bonds  shall  be  sold  at  less  than  the 
par  value  thereof.  The  sinking  fund  established  by  chap-  sinking  fund. 
ter  three  hundred  and  ninety-one  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-four,  known  as  the  Prison 
and  Hospital  Loan  Sinking  Fund,  shall  also  be  maintained 
for  the  purpose  of  extinguishing  bonds  issued  under  the 
authority  of  this  act,  and  the  treasurer  and  receiver  gen- 
eral shall  apportion  thereto  from  year  to  year  an  amount 
sufficient  with  the  accumulations  of  said  fund  to  extinguish 
at  maturity  the  debt  incurred  by  the  issue  of  the  securities 
hereby  authorized.  The  amount  necessary  to  meet  the 
annual  sinking  fund  requirements  and  to  pay  the  interest 
on  said  loan  shall  be  raised  by  taxation  from  year  to  year. 

SECTION   14.     The   state  board   of  charity   shall   have  Supervision, 
general  supervision  of  said  sanatoriums,  and  shall,  when  so 
directed  by  the  governor,  assume  and  exercise  the  powers 


242 


MANUAL  OF  LAWS. 


[Cn.  88. 


Upon  comple- 
tion of 
sanatoriums 
powers  of 
certain  trus- 
tees shall 
cease. 


1907,  474,  §  5, 
amended. 


Expenditures 
for  construct- 
ing state 
sanatoriums. 


of  the  board  of  trustees  thereof  in  any  matter  relating  to 
the  management  of  the  same. 

SECTION  15.  Upon  the  completion  of  the  sanatoriums  as 
herein  provided,  the  trustees  shall  assume  and  exercise  all 
the  powers  and  duties  in  respect  to  the  sanatorium  at  Rut- 
land now  pertaining  to  the  trustees  of  that  institution,  and 
upon  such  completion,  the  powers  of  the  said  last  named 
trustees,  in  respect  to  the  said  sanatorium,  shall  cease. 

SECTION  16.  This  act  shall  take  effect  upon  its  passage. 
{Approved  June  4,  1907. 

[1908,  532.] 

AN    ACT    TO    AUTHORIZE    THE    CONSTRUCTION    OF    A    SANA- 
TORIUM  FOR   TUBERCULAR   PATIENTS. 

SECTION  1.  Section  five  of  chapter  four  hundred  and 
seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word 
"dollars",  in  the  tenth  line,  the  words:  —  provided,  how- 
ever, that  the  governor  and  council  may,  in  their  discre- 
tion, approve  plans  for  any  one  of  said  sanatoriums 
separately,  if  they  are  convinced  that  the  cost  of  such 
sanatorium,  including  the  real  estate  and  erection  of  the 
buildings  and  the  equipment  and  furnishing  of  the  same 
ready  for  occupancy,  will  not  exceed  one  hundred  thou- 
sand dollars,  and  after  such  approval  a  sum  not  exceeding 
one  hundred  thousand  dollars  may  be  expended  for  the 
erection,  equipment  and  furnishing  of  such  sanatorium, 
notwithstanding  that  the  plans  for  the  other  sanatoriums 
have  not  been  approved,  —  so  as  to  read  as  follows :  - 
Section  5.  The  expenditure  for  carrying  out  the  purposes 
of  this  act  shall  not  exceed  three  hundred  thousand 
dollars.  Xo  expenditure  shall  be  made  for  the  erection  of 
buildings  except  for  plans  therefor,  until  such  plans  have 
been  approved  by  the  governor  and  council,  and  no  such 
approval  shall  be  given  unless  the  governor  and  council 
are  convinced  that  the  cost  of  the  real  estate  and  the 
erection  of  the  buildings,  and  the  equipment  and  furnish- 


CH.SS.]  THE   STATE  TUBERCULOSIS  SANATORIA.  243 

ing  of  the  same  ready  for  occupancy,  will  not  exceed  three 
hundred  thousand  dollars:  provided,  however,  that  the  Proviso. 
governor  and  council  may,  in  their  discretion,  approve 
plans  for  any  one  of  said  sanatoriums  separately,  if  they 
are  convinced  that  the  cost  of  such  sanatorium,  including 
the  real  estate  and  erection  of  the  buildings  and  the  equip- 
ment and  furnishing  of  the  same  ready  for  occupancy,  will 
not  exceed  one  hundred  thousand  dollars,  and  after  such 
approval  a  sum  not  exceeding  one  hundred  thousand  dol- 
lars may  be  expended  for  the  erection,  equipment  and 
furnishing  of  such  sanatorium,  notwithstanding  that  the 
plans  for  the  other  sanatoriums  have  not  been  approved. 
The  trustees  shall  have  authority  to  make  all  contracts 
and  to  employ  all  agents  necessary  to  carry  into  effect  the 
provisions  of  this  act. 

SECTION  2.    Said  chapter  four  hundred  and  seventy-four  1907, 474,  §  7, 

•i   •  •  amended. 

is  hereby  further  amended  by  striking  out  section  seven 
and  inserting  in  place  thereof  the  following:  —  Section  7.  ^ue™°ooi&- 
When  any   one   of  the   buildings   constructed   under  the  matlon-t 
provisions  of  this  act  is  so  far  completed  that  in  the  opin- 
ion of  said  trustees  it  may  properly  be  used  for  the  pur- 
pose aforesaid,  the  trustees  shall  notify  the  governor  who 
shall  thereupon  issue  his  proclamation  establishing  said 
sanatorium. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  19,  1908. 

[1912,  17.] 

AN  ACT  RELATIVE  TO  BRINGING  SUITS  FOR  THE  RECOVERY 
OF  UNPAID  CHARGES  FOR  THE  SUPPORT  OF  INMATES 
OF  STATE  SANATORIUMS. 

SECTION  1.     Section  ten  of  chapter  four  hundred  and  1907, 474  §  10, 

»  amended. 

seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  all  after  the  word 
"sanatorium",  in  the  sixteenth  line,  to  and  including  the 
word  "laws",  in  the  seventeenth  line,  and  inserting  in 
place  thereof  the  words :  —  The  attorney-general  shall 


244 


MANUAL  OF  LAWS. 


[Cn.  88. 


Charge  for 
support  of 
inmates  of 
state  sanatoria. 


upon  request  of  the  board  of  trustees  bring  action  therefor 
in  the  name  of  the  treasurer  and  receiver  general,  —  so  as 
to  read  as  follows:  —  Section  10.  The  charges  for  the 
support  of  each  inmate  in  a  state  sanatorium  shall  be  four 
dollars  a  week,  and  shall  be  paid  quarterly.  Such  charges 
for  those  not  having  known  settlements  in  the  common- 
wealth shall  be  paid  by  the  commonwealth,  and  may  after- 
ward be  recovered  by  the  treasurer  and  receiver  general  of 
the  patients,  if  they  are  able  to  pay,  or  of  any  person  or 
kindred  bound  by  law  to  maintain  them,  or  of  the  place 
of  their  settlement  subsequently  ascertained;  but  for  those 
having  known  settlements  in  this  commonwealth,  the 
charges  shall  be  paid  either  by  the  persons  bound  to  pay 
them,  or  by  the  place  in  which  such  inmates  had  their 
settlement,  unless  security  to  the  satisfaction  of  the  trus- 
tees is  given  for  their  support.  If  any  person  or  place 
refuses  or  neglects  to  pay  such  charges  the  treasurer  and 
receiver  general  may  recover  the  same  to  the  use  of  the 
sanatorium.  The  attorney-general  shall  upon  request  of 
the  board  of  trustees  bring  action  therefor  in  the  name  of 
the  treasurer  and  receiver  general.  A  city  or  town  which 
pays  the  charges  for  the  support  of  an  inmate  of  a  state 
sanatorium  shall  have  like  rights  and  remedies  to  recover 
the  amount  thereof,  with  interest  and  costs,  from  the 
place  of  his  settlement  or  from  such  person  of  sufficient 
ability,  or  from  any  person  bound  by  law  to  maintain  him, 
as  if  such  charges  had  been  incurred  in  the  ordinary  sup- 
port of  such  inmate. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  January  30,  1912. 


Names  of 
certain  state 
sanatoria 
established. 


[1910,  198.] 

AN    ACT    TO    ESTABLISH    THE    NAMES     OF    CERTAIN    STATE 
SANATORIUMS. 

SECTION  1.  The  name  of  the  Massachusetts  state 
sanatorium  at  Rutland  shall  hereafter  be  the  Rutland 
State  Sanatorium;  and  the  names  of  the  three  sanatoriums 


CH.88J  THE  STATE  TUBERCULOSIS  SANATORIA.  245 

provided  for  by  chapter  four  hundred  and  seventy-four  of 
the  acts  of  the  year  nineteen  hundred  and  seven  shall 
hereafter  be,  respectively,  the  North  Reading  State  Sana- 
torium, the  Lakeville  State  Sanatorium,  and  the  Westfield 
State  Sanatorium. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  11,  1910. 

[1910,  491.] 

AN  ACT  RELATIVE  TO  THE  BOARD  APPOINTED  TO  ESTABLISH 
THREE  SANATORIUMS  FOR  TUBERCULAR  PATIENTS. 

SECTION  1 .    The  board  appointed  in  pursuance  of  chap-  Trustees  of 

Hospitals  for 

ter  four  hundred  and  seventy-four  of  the  acts  of  the  year  Consumptives, 

name  estab- 

nineteen  hundred  and  seven  to  establish  three  sanatoriums  lishedi  etc- 
for  tubercular  patients  shall  hereafter  be  known  as  the 
Trustees  of  Hospitals  for  Consumptives.  The  said  trus- 
tees may  establish  an  office  in  the  state  house  or  elsewhere 
in  the  city  of  Boston  and  may  employ  clerical  assistance 
and  may  incur  such  necessary  travelling  and  other  ex- 
penses as  shall  be  approved  by  the  governor  and  council. 
Appropriations  shall  be  made  annually  from  the  treasury 
of  the  commonwealth  for  carrying  out  the  provisions  of 
said  chapter  four  hundred  and  seventy-four  and  of  this 
act. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  5,  1910. 

[1908,  533.] 

AN  ACT  TO  AUTHORIZE  THE  BOARD  OF  TRUSTEES  OF  THREE 
SANATORIUMS  FOR  TUBERCULAR  PATIENTS  TO  TAKE 
LAND  AND  EASEMENTS  FOR  WATER  AND  SEWERAGE 
PURPOSES. 

SECTION  1.     The  trustees  of  sanatoriums  for  tubercular  Land,  etc., 
patients,  established  by  chapter  four  hundred  and  seventy-  for  water  and 
four  of  the  acts  of  the  year  nineteen  hundred  and  seven,  poses  for 

sanatoriums 

are  hereby  authorized  to  lease  or  purchase  or  take  by  right  foartitellnbtgrcular 
of  eminent  domain  at  any  time  within  two  years  after  the 


246 


MANUAL  OF  LAWS. 


[Cn.  88. 


Taking  to  be 
recorded,  etc. 


Damages. 


Proceedings 
for  recovery 
of  damages. 


passage  of  this  act  such  lands  or  easements  or  rights 
therein  as  they  may  deem  necessary  for  the  purpose  of 
establishing  a  water  supply  and  sewerage  system  for  the 
three  sanatoriums  for  tubercular  patients  authorized  by 
said  chapter  to  be  constructed,  provided  that  the  same 
shall  be  approved  by  the  state  board  of  health. 

SECTION  2.  The  said  trustees  shall  within  thirty  days 
after  taking  any  property  or  easements  or  rights  therein 
by  right  of  eminent  domain  sign  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  and  district  in 
which  the  same  are  situated,  a  statement  containing  a 
description  thereof  as  certain  as  is  required  in  a  common 
conveyance  of  land,  and  stating  that  the  same  are  taken 
for  the  purpose  of  establishing  a  water  supply  and  sewer- 
age system  for  said  hospitals  or  any  one  of  them,  and 
upon  such  recording  the  property,  easements  and  rights 
described  in  said  statement  shall  be  deemed  to  be  taken 
by  the  commonwealth.  Said  trustees  shall,  after  they 
have  taken  any  property  under  the  right  of  eminent 
domain,  notify  the  owner  thereof. 

SECTION  3.  Any  person  sustaining  damage  by  the 
taking  of  land,  easements,  rights  or  other  property  here- 
under  who  fails  to  agree  with  said  trustees  as  to  the 
amount  thereof  may  have  the  same  assessed  and  deter- 
mined in  the  manner  provided  by  law  in  the  case  of  land 
taken  for  laying  out  highways,  on  application  at  any  time 
within  one  year  after  the  taking  of  such  land  or  other 
property. 

SECTION  4.  In  any  proceeding  for  the  recovery  of 
damages  hereunder  said  trustees  may  offer  in  court  and 
consent  in  writing  that  a  sum  therein  specified  may  be 
awarded  as  damages  to  the  complainant;  and  if  the  com- 
plainant shall  not  accept  the  same  within  ten  days  after 
he  has  received  notice  of  such  offer,  and  shall  not  finally 
recover  a  greater  sum  than  the  one  offered,  not  including 
interest  on  the  sum  recovered  as  damages  from  the  date  of 
the  offer,  said  trustees  shall  be  entitled  to  recover  costs 
after  said  date,  and  the  complainant,  if  he  recovers 


CH.88.]    THE  STATE  TUBERCULOSIS  SANATORIA.  247 

damages,  shall  be  allowed  costs  only  to  the  date  of  the 
offer,  unless  the  damages  so  recovered  shall  be  in  excess 
of  the  amount  offered  by  said  trustees,  as  aforesaid. 

SECTION  5.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  19,  1908. 

[1909,  414.] 

AN     ACT     RELATIVE     TO     THE     ESTABLISHMENT     OF     THREE 
SANATORIUMS    FOR    TUBERCULAR    PATIENTS. 

SECTION  1.     For  finishing  and  properly  equipping  the  sanatoria  for 
three  sanatoriums  provided  for  by  chapter  four  hundred  patients, 

.  certain  ex- 

and  seventv-four  of  the  acts  of  the  vear  nineteen  hundred  penditures 

*  authorized  for. 

and  seven,  and  for  grading  the  land  about  the  same,  the 
trustees  therefor  are  hereby  authorized  to  expend  a  further 
sum  of  fifteen  thousand  dollars,  in  addition  to  the  three 
hundred  thousand  dollars  authorized  to  be  expended  by 
section  five  of  the  said  act. 
SECTION  2.  For  the  above  purposes  the  treasurer  and  Treasurer 

and  receiver 

receiver  general  is  authorized,  with  the  approval  of  the  ?eneral  may 

issue  scrip, 

governor  and  council,  to  issue  additional  scrip  or  certifi-  etc- 
cates  of  indebtedness  to  an  amount  not  exceeding  fifteen 
thousand  dollars,  for  a  term  not  exceeding  thirty  years, 
with  interest,  at  a  rate  not  exceeding  four  per  cent  per 
annum,  payable  semi-annually  on  the  first  days  of  May 
and  November.  The  sinking  fund  established  by  chapter 
three  hundred  and  ninety-one  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-four,  known  as  the  Prisons 
and  Hospitals  Loan  Sinking  Fund,  shall  also  be  maintained 
for  the  purpose  of  extinguishing  bonds  issued  under  au- 
thority of  this  act. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  19,  1909. 

[1911,  597.] 

AN  ACT  TO   ENCOURAGE  AND  PROMOTE  THE  BUILDING  AND  USE  OF  TUBERCU- 
LOSIS   HOSPITALS    IN    CITIES    AND    TOWNS. 

SECTION  1.     [Superseded   by    1912,    637.]     Every   city    or   town   which  Building 

establishes  and  maintains  a  tuberculosis  hospital  shall  be  entitled  to  receive  tuberculosis 

from  the  commonwealth  a  subsidy  of  five  dollars  per  week  for  each  patient  hospitals, 
who  is  unable  to  pay  for  his  support,  or  whose  kindred  bound  by  law  to 


248 


MANUAL  OF  LAWS. 


[Cn.  88. 


Payment  of 

claims. 


R.  L.  75,  §  35, 
etc.,  amended. 


Maintenance 
of  isolation 
hospitals,  etc. 


maintain  him  are  unable  to  pay  for  the  same,  but  the  city  or  town  shall  not 
become  entitled  to  this  subsidy  unless,  upon  examination  authorized  by 
the  trustees  of  hospitals  for  consumptives,  the  sputum  of  such  patients  be 
found  to  contain  bacilli  of  tuberculosis,  and  unless  the  hospital  be  subject 
to  the  inspection  of,  and  be  approved  by,  said  trustees. 

SECTION  2.  [Amended  by  1912,  687.]  Said  trustees  of  hospitals  for 
consumptives  shall  certify  in  the  case  of  each  hospital  approved  by  them 
as  provided  in  the  preceding  section  the  number  of  patients  for  whom  the 
city  or  town  is  entitled  to  the  subsidy,  and  upon  such  certification  the 
subsidy  shall  be  paid  from  the  treasury  of  the  commonwealth  in  the  same 
manner  in  which  other  claims  against  the  commonwealth  are  paid. 

SECTION  3.     This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  Governor  on  the  twenty-first  day  of  June, 
1911,  and  after  five  days  it  had  "the  force  of  a  law",  as  prescribed  by  the  Con- 
stitution, as  it  was  not  returned  by  him  with  his  objections  thereto  within  that 
time.) 

[1912,  151.] 

AN    ACT    RELATIVE    TO    THE    MAINTENANCE    OF    HOSPITALS 
BY  CITIES   AND  TOWNS. 

SECTION  1.  Section  thirty-five  of  chapter  seventy-five 
of  the  Revised  Laws,  as  amended  by  chapter  six  hundred 
and  thirteen  of  the  acts  of  the  year  nineteen  hundred  and 
eleven,  is  hereby  further  amended  by  striking  out  the  said 
section  and  inserting  in  place  thereof  the  following:  — 
Section  35.  Each  city  shall,  and  each  town  may,  and  upon 
the  request  of  the  state  board  of  health,  shall,  establish 
and  maintain  constantly  within  its  limits  one  or  more 
hospitals  for  the  reception  of  persons  having  smallpox, 
diphtheria,  scarlet  fever,  tuberculosis  or  other  diseases 
dangerous  to  the  public  health  as  defined  by  the  state 
board  of  health,  unless  there  already  exists  in  the  city 
or  town  a  hospital  for  the  reception  of  persons  ill  with 
such  diseases,  which  is  satisfactory  to  the  state  board  of 
health,  or  unless  some  arrangement  which  is  satisfactory 
to  the  state  board  of  health  is  made  between  neighboring 
cities  or  neighboring'  towns,  or  neighboring  cities  and 
towns,  for  the  care  of  persons  having  such  diseases.  All 
such  hospitals  established  and  maintained  by  cities  or 
towns  shall  be  subject  to  the  orders  and  regulations  of  the 
boards  of  health  of  the  cities  or  towns  in  which  they  are 
respectively  situated.  Plans  for  the  construction  of  the 
said  hospitals  shall  be  approved  by  the  state  board  of 


CH.  88.]    THE  STATE  TUBERCULOSIS  SANATORIA.  249 

health,  before  the  hospitals  are  constructed,  and  the  state 
inspectors  of  health  shall  annually  make  such  examination 
of  said  hospitals  as  in  the  opinion  of  the  state  board  of 
health  may  be  necessary.  A  city  or  town  which  upon  the 
request  of  the  state  board  of  health  refuses  or  neglects  to 
establish  and  maintain  such  a  hospital  shall  forfeit  not 
more  than  five  hundred  dollars  for  each  refusal  or  neglect: 
provided,  however,  that  if,  in  the  opinion  of  the  boards  of  Proviso, 
health  of  two  or  more  adjoining  cities  or  towns  or  a  city 
and  an  adjoining  town  or  towns,  such  hospitals  can  advan- 
tageously be  established  and  maintained  in  common,  the 
authorities  of  the  said  cities  or  towns  may,  subject  to  the 
approval  of  the  state  board  of  health,  enter  into  such 
agreements  as  shall  be  deemed  necessary  for  the  establish- 
ment and  maintenance  of  the  same. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  February  24,  1912. 

[1912,  637.] 

AN  ACT  TO  PROMOTE  THE  BUILDING  AND  USE  OF  TUBERCU- 
LOSIS  HOSPITALS   IN   CITIES   AND   TOWNS. 

SECTION  1 .     Chapter  five  hundred  and  ninety-seven  of  1911, 597,  §  i, 

i  PI  •  11111  -11        amended. 

the  acts  or  the  year  nineteen  hundred  and  eleven  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following :  —  Section  1 .  Every  city  or  town  Tuberculosis 

•  •   t        i  •  •  cv      •          t-  i  i'«  hospitals,  etc. 

which  places  its  patients  suffering  from  tuberculosis  in  a 
municipal  or  incorporated  tuberculosis  hospital  in  this 
commonwealth,  or  in  a  building  or  ward  set  apart  for 
patients  suffering  from  tuberculosis  by  a  municipal  or 
incorporated  hospital  in  this  commonwealth,  shall  be 
entitled  to  receive  from  the  commonwealth  a  subsidy  of 
five  dollars  a  week  for  each  patient  who  is  unable  to  pay 
for  his  support,  or  whose  kindred  bound  by  law  to  main- 
tain him  are  unable  to  pay  for  the  same;  but  a  city  or 
town  shall  not  become  entitled  to  this  subsidy  unless,  upon 
examination  authorized  by  the  trustees  of  hospitals  for  con- 
sumptives, the  sputum  of  such  patients  be  found  to  con- 


250 


MANUAL  OF  LAWS. 


[Cn.  88. 


1911,  597,  §  2, 
amended. 


Payment  of 
claims. 


Maintenance 
of  tuber- 
culosis dis- 
pensaries. 


1911,  576, 
amended. 


tain  bacilli  of  tuberculosis,  nor  unless  the  hospital  building 
or  ward  be  approved  by  said  trustees,  who  shall  not  give 
such  approval  unless  they  have  by  authority  of  law,  or  by 
permission  of  the  hospital,  full  authority  to  inspect  the 
same  at  all  times.  Said  trustees  may  at  any  time  with- 
draw their  approval. 

SECTION  2.  Section  two  of  said  chapter  five  hundred 
and  ninety-seven  is  hereby  amended  by  inserting  after  the 
word  "hospital",  in  the  second  line,  the  words:  —  build- 
ing or  ward,  —  so  as  to  read  as  follows:  —  Section  2. 
Said  trustees  of  hospitals  for  consumptives  shall  certify 
in  the  case  of  each  hospital,  building  or  ward,  approved 
by  them  as  provided  in  the  preceding  section  the  number 
of  patients  for  whom  the  city  or  town  is  entitled  to  the 
subsidy,  and  upon  such  certification  the  subsidy  shall  be 
paid  from  the  treasury  of  the  commonwealth  in  the  same 
manner  in  which  other  claims  against  the  commonwealth 
are  paid. 

SECTION  3.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  23,  1912. 

[1911,  576.] 

AN  ACT  TO  PROVIDE  FOR  THE  MAINTENANCE  OF  TUBERCULOSIS  DISPENSARIES 
IN    CITIES,    AND    TOWNS    OF    TEN    THOUSAND    INHABITANTS    OR    OVER. 

[Amended  by  1914,  408,  infra.] 

Every  city,  and  every  town  containing  a  population  of  ten  thousand  or 
more,  as  determined  by  the  latest  United  States  census,  shall  establish  and 
maintain  within  its  limits  a  dispensary  for  the  discovery,  treatment,  and 
supervision  of  needy  persons  resident  within  its  limits  and  afflicted  with 
tuberculosis,  unless  there  already  exists  in  such  city  or  town  a  dispensary 
which  is  satisfactory  to  the  state  board  of  health.  The  said  dispensaries 
shall  be  subject  to  the  regulations  of  the  boards  of  health  of  the  cities  or 
towns  in  which  they  are  respectively  situated.  A  city  or  town  subject  to 
the  provisions  of  this  act  which,  upon  the  request  of  the  state  board  of  health, 
refuses  or  neglects  to  comply  with  the  provisions  hereof,  shall  forfeit  not 
more  than  five  hundred  dollars  for  every  such  refusal  or  neglect.  [Approved 
June  22,  1911. 

[1914,  408.] 

AN   ACT  TO    STANDARDIZE   TUBERCULOSIS   DISPENSARIES. 

Chapter  five  hundred  and  seventy-six  of  the  acts  of  the 
year  nineteen  hundred  and  eleven  is  hereby  amended  by 
inserting  after  the  word  "situated",  in  the  tenth  line,  the 


1905,474.]  PEXIKESE  HOSPITAL.  251 

following :  —  and  shall  be  inspected  by  and  be  satisfactory 
to  the  state  board  of  health,  —  so  as  to  read  as  follows:  — 
Every  city,  and  every  town  containing  a  population  of  ten  Maintenance 
thousand  or  more,  as  determined  by  the  latest  United  dispensaries, 
States  census,  shall  establish  and  maintain  within  its 
limits  a  dispensary  for  the  discovery,  treatment,  and 
supervision  of  needy  persons  resident  within  its  limits  and 
afflicted  with  tuberculosis,  unless  there  already  exists  in 
such  city  or  town  a  dispensary  which  is  satisfactory  to  the 
state  board  of  health.  The  said  dispensaries  shall  be 
subject  to  the  regulations  of  the  boards  of  health  of  the 
cities  or  towns  in  which  they  are  respectively  situated, 
and  shall  be  inspected  by  and  be  satisfactory  to  the  state 
board  of  ]iealth.  A  city  or  town  subject  to  the  provisions 
of  this  act  which,  upon  the  request  of  the  state  board  of 
health,  refuses  or  neglects  to  comply  with  the  provisions 
hereof,  shall  forfeit  not  more  than  five  hundred  dollars  for 
every  such  refusal  or  neglect.  [Approved  April  23,  1914- 


PENIKESE   HOSPITAL. 

For  authority  in  the  Board  to  remove  persons  infected  with 
diseases  dangerous  to  the  public  health,  see  1904,  395;  1909,  391, 
pp.  52,  53,  supra. 

[1905,  474.] 

AN  ACT  TO  PROVIDE  FOR  THE  CARE  AND  TREATMENT  OF 
PERSONS  INFECTED  WITH  LEPROSY. 

SECTION   1.     [Amended  by  1913,  73,  infra.]     The  state  board  of  charity,   State  board 

subject  to  the  approval  of  the  governor,  shall  be  authorized  to  take  in  the  of  S}181?*^  . 

authorized  to 
name  and  for  the  use  of  the  Commonwealth  land  in  fee  by  purchase  or  take  land  and 

eminent  domain,   and  to  erect  and  maintain  thereon  a  hospital  for  the  ,°  er^i  r 
custody,  care  and  treatment  of  persons  afflicted  with  leprosy,  and  for  said  care,  etc.,  of 
purpose  may  expend  a  sum  not  exceeding  fifty  thousand  dollars.  affllcTd  with 

leprosy. 

SECTION  2.    Within  sixty  days  after  any  land  is  acquired  Deeds  to  be 
or  taken  under  this  act  said  board  shall  file  and  cause  to  be  within  sixty 

days,  etc. 

recorded  in  the  registry  of  deeds  for  the  county  in  which 
such  land  is  situated  a  description  thereof  sufficiently 
accurate  for  its  identification,  together  with  a  statement 


252  MANUAL  OF  LAWS.  [1905,474. 

of  the  purpose  for  which  the  same  is  acquired  or  taken, 
which  description  shall  be  signed  by  a  majority  of  said 
board. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  May  26,  1905. 

[1913,  73.] 

AN  ACT  RELATIVE  TO  THE  CARE  AND  TREATMENT  OF  PER- 
SONS AFFLICTED  WITH  LEPROSY. 

al^nded51'  SECTION  1.  Section  one  of  chapter  four  hundred  and 
seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
five  is  hereby  amended  by  adding  at  the  end  thereof  the 
following :  —  The  said  board  in  maintaining  said  hospital 
shall  have  power  to  retain  all  persons  afflicted  with 
leprosy  for  such  time  as  it  shall  deem  necessary  for  the 
well-being  of  the  patient  and  the  safety  of  the  public,  and 
may  discharge  such  persons  when  in  its  judgment  their 
health  and  the  public  welfare  would  not  be  endangered 

Land  may  be     thereby,  —  so  as  to  read  as  follows:  —  Section  1.     The 

taken  and 

hospital  state  board   of  charitv,   subject   to  the  approval   of  the 

erected  for 

Arsons""  °f  governor,  shall  be  authorized  to  take  in  the  name  and  for 
®d  Wlth  the  use  of  the  commonwealth  land  in  fee  by  purchase  or 
eminent  domain,  and  to  erect  and  maintain  thereon  a 
hospital  for  the  custody,  care  and  treatment  of  persons 
afflicted  with  leprosy,  and  for  said  purpose  may  expend 
a  sum  not  exceeding  fifty  thousand  dollars.  The  said 
board  in  maintaining  said  hospital  shall  have  power  to 
retain  all  persons  afflicted  with  leprosy  for  such  time  as  it 
shall  deem  necessary  for  the  well-being  of  the  patient  and 
the  safety  of  the  public,  and  may  discharge  such  persons 
when  in  its  judgment  their  health  and  the  public  welfare 
would  not  be  endangered  thereby. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  February  14,  1913. 


CH.125J   PRIVATE  CHARITABLE  CORPORATIONS.  253 

[1909,  250.] 

AN     ACT     TO     PROVIDE     THAT     PERSONS      AFFLICTED     WITH 
LEPROSY     SHALL     BE     STATE     CHARGES. 

SECTION  1.    A  person  who,  being  afflicted  with  leprosy.  Persons 

afflicted  with 

is  confined  in  any  state  institution  for  the  care  of  lepers,  leprosy  to  be 

"  '  state  charges. 

shall  be  a  state  charge,  and  no  sum  shall  be  collected  on 
his  account  from  the  city  or  town  in  which  he  has  a  settle- 
ment. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  1,  1909. 


PRIVATE  CHARITABLE   CORPORATIONS. 

R.  L.  CHAPTER  125,  §§  1-10. 

OF  CORPORATIONS  FOR  CHARITABLE  AND  OTHER 
PURPOSES. 

For  exemption  of  property  from  taxation  see  R.  L.  12,  p.  4, 
supra;  for  annual  returns  to  the  State  Board  of  Charity,  R.  L. 
84,  §  14;  1903,  402;  1913,  82,  pp.  127, 135,  supra;  supervision  and  an- 
nual inspection  by  the  State  Board  of  Charity,  1909,  379,  p.  141, 
supra.  For  accounting  of  trustees  of  funds  given  to  cities  and 
towns  for  charitable  purposes,  see  R.  L.  37,  §  13.  For  act  establish- 
ing boards  of  commissioners  of  trust  funds  in  cities  and  towns, 
see  1915,  282,  Gen. 

PURPOSE  AND  MANNER  OF  ORGANIZATION. 
SECTION  1.    Seven  or  more  persons,  a  majority  of  whom  Formation  of 

.1  pi-  ii  ii  corporation. 

are  residents  of  this  commonwealth,  mav  form  a  corpora-  iss?,  56,  §  i. 

G.  S.  32,  §  1. 

tion  for  any  of  the  purposes  named  in  the  following  section.  \l®>< 276. 

lo7O)  17o. 
1874,  375,  §  1.  P.  S.  115,  §  1.  130  Mass.,  325. 

SECTION  2.     Such  corporation  may  be  formed  for  any  Purposes  of 

ii-ii!  i  T     •  *     corporation. 

educational,  charitable,   benevolent  or  religious  purpose;  iss?,  se,  §  i. 

G.  S.  32,  §  1. 

for  the  prosecution  of  any  antiquarian,  historical,  literary,  J869, 275. 
scientific,  medical,  artistic,  monumental  or  musical  pur-  j|^-  *™,  §  2. 
pose;    for  establishing  and  maintaining  libraries;    for  sup-  jf^ \f5l' §  L 
porting  any  missionary  enterprise  having  for  its  object  the  P'  s' 115>  §  2' 
dissemination   of   religious   or   educational   instruction   in 
foreign  countries;    for  promoting  temperance  or  morality 


2.54  MANUAL  OF  LAWS.  [CH.  125. 

in  this  commonwealth;  for  encouraging  athletic  exercises 
or  yachting;  for  encouraging  the  raising  of  choice  breeds 
of  domestic  animals  and  poultry;  for  the  association  and 
accommodation  of  societies  of  Free  Masons,  Odd  Fellows, 
Knights  of  Pythias  or  other  charitable  or  social  bodies  of  a 
like  character  and  purpose;  for  the  establishment  and 
maintenance  of  places  for  reading  rooms,  libraries  or  social 
meetings. 

fssTSTfi?'  SECTION  3.  The  corporation  shall  be  formed  in  the 
187O75',  |§23-5.  manner  prescribed  in,  and  subject  to  the  provisions  of, 
1888",  m  sections  fifteen  to  twenty,  inclusive,  of  chapter  one  hun- 

1890,  191.  j        ,  ,    ,  «    ,, 

dred  and  ten,  except  as  follows: 

The  capital  stock,  if  any,  shall  not  exceed  five  hundred 
thousand  dollars. 

The  agreement  of  association  of  a  corporation  which 
has  no  capital  stock  may  omit  the  statement  of  the 
amount  of  the  capital  stock  and  the  par  value  and  number 
of  its  shares.  The  par  value  of  the  shares  of  its  capital 
stock,  if  any,  may  be  ten,  twenty-five,  fifty  or  one  hundred 
dollars.  The  fee  to  be  paid  to  the  secretary  of  the  com- 
monwealth upon  the  filing  of  the  certificate  of  organiza- 
tion shall  be  five  dollars. 

n         SECTION  4.     Before  making  and  issuing  a  certificate  of 
i.      incorporation  to  a  corporation  formed  for  anv  of  the  pur- 

1893,  226,  §  1.  ,  .,       ,    .  .  ,  „      , 

poses  described  in  section  two,  the  secretary  01  the  com- 
monwealth may  forward  a  statement  to  the  mayor  and 
aldermen  of  the  city,  except  Boston,  or  to  the  selectmen 
of  the  town,  in  which  such  society  is  to  have  its  principal 
office  or  rooms,  and,  if  such  office  or  rooms  are  to  be  in 
Boston,  to  the  board  of  police  for  the  city  of  Boston,  giv- 
ing a  list  of  the  names  of  the  persons  who  have  applied  for 
incorporation,  the  purpose  of  the  organization  as  stated 
by  the  applicants,  the  location  proposed  to  be  occupied 
and  all  other  facts  which  may  be  stated  in  the  application 
for  incorporation.  The  mayor  and  aldermen,  selectmen  or 
board  of  police  for  the  city  of  Boston,  upon  the  receipt  of 


CH.  125.]    PRIVATE  CHARITABLE  CORPORATIONS.  255 

such  statement,  shall  immediately  make  an  investigation 
and  ascertain  whether  any  of  the  proposed  incorporators 
have  been  engaged  in  the  illegal  selling  of  intoxicating 
liquor  or  in  keeping  places  or  tenements  used  for  the  pur- 
pose of  illegal  gaming,  or  whether  they  have  been  engaged 
in  any  other  business  or  vocation  prohibited  by  law,  and 
shall  forthwith  report  to  the  secretary  of  the  common- 
wealth all  the  facts  ascertained.  If,  in  his  opinion,  it 
appears  from  said  report  or  otherwise  that  the  probable 
purpose  of  the  formation  of  the  proposed  organization  is 
to  cover  an  illegal  business,  he  shall  refuse  to  issue  a 
certificate  of  incorporation. 

For  reorganization  of  the  Police  Department  of  the  city  of 
Boston,  see  1906,  291.  For  regulation  of  changes  in  location  of 
charitable  corporations  see  1907,  337. 

SECTION  5.     [Amended  by  1910,  181,  infra.]     Before  making  and  issuing  Charitable 
a  certificate  for  the  incorporation  of  a  charitable  corporation  or  home  for  °°r^™gg°fn ST 
the  care  and  support  of  minor  children,  the  secretary  of  the  commonwealth  children, 
may  also  forward  such  statement  as  is  described  in  the  preceding  section  to  *^'  *"'• 
the  state  board  of  charity,  which  shall  immediately  make  an  investigation 
as  to  the  persons  who  have  asked  to  be  incorporated  and  as  to  the  purposes 
of  the  incorporation,  and  any  other  material  facts  relative  thereto,  and 
shall  forthwith  report  to  the  secretary  of  the  commonwealth  all  the  facts 
ascertained  by  it.     If  it  appears  to  the  secretary  of  the  commonwealth 
from  said  report  or  otherwise  that  the  probable  purpose  of  the  formation 
of  the  proposed  corporation  is  to  cover  any  illegal  business,  or  that  the 
persons  asking  for  incorporation  are  not  suitable  persons  to  have  charge 
of  minor  children,  from  lack  of  financial  ability  or  from  any  other  cause, 
he  shall  refuse  to  issue  his  certificate.     If  he  refuses  to  issue  his  certificate, 
the  persons  asking  to  be  incorporated  may  appeal  to  the  superior  court, 
which  shall  hear  the  case  and  finally  determine  whether  or  not  the  certificate 
of  incorporation  shall  be  issued. 

[1910,  181.] 

AN  ACT   RELATIVE  TO  THE  INCORPORATION   OF  CHARITABLE 
CORPORATIONS. 

SECTION  1.     Section  five  of  chapter  one  hundred  and  R-L.125,  §5, 

A  alneDQcQ. 

twenty-five  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  words  "or  home  for  the  care  and  support 
of  minor  children",  in  the  second  and  third  lines,  by 


256  MANUAL  OF  LAWS.  [CH.  125. 

striking  out  the  word  "may",  in  the  third  line,  and  insert- 
ing in  place  thereof  the  word :  —  shall,  —  by  inserting 
after  the  word  "thereto",  in  the  eighth  line,  the  words:  — 
and  shall  give  them  a  public  hearing,  notice  of  which  shall 
be  published  once  a  week  for  three  successive  weeks  in 
some  paper  published  in  the  county  in  which  the  corpo- 
ration is  to  have  its  principal  office  or  rooms,  and  if  said 
office  or  rooms  are  to  be  in  Boston,  in  some  Boston  daily 
paper,  the  last  publication  to  be  at  least  three  days  before 
the  day  set  for  the  hearing,  —  and  by  striking  out  the 
words  "to  have  charge  of  minor  children",  in  the  thir- 
teenth and  fourteenth  lines,  so  as  to  read  as  follows :  — 
of  charitewT  Section  5.  Before  making  and  issuing  a  certificate  for  the 
corporations,  incorporation  of  a  charitable  corporation  the  secretary  of 
the  commonwealth  shall  also  forward  such  statement  as  is 
described  in  the  preceding  section  to  the  state  board  of 
charity,  which  shall  immediately  make  an  investigation  as 
to  the  persons  who  have  asked  to  be  incorporated  and  as 
to  the  purposes  of  the  incorporation,  and  any  other  ma- 
terial facts  relative  thereto,  and  shall  give  them  a  public 
hearing,  notice  of  which  shall  be  published  once  a  week 
for  three  successive  weeks  in  some  paper  published  in  the 
county  in  which  the  corporation  is  to  have  its  principal 
office  or  rooms,  and  if  said  office  or  rooms  are  to  be  in 
Boston,  in  some  Boston  daily  paper,  the  last  publication 
to  be  at  least  three  days  before  the  day  set  for  the  hearing, 
and  shall  forthwith  report  to  the  secretary  of  the  common- 
wealth all  the  facts  ascertained  by  it.  If  it  appears  to  the 
secretary  of  the  commonwealth  from  said  report  or  other- 
wise that  the  probable  purpose  of  the  formation  of  the 
proposed  corporation  is  to  cover  any  illegal  business,  or 
that  the  persons  asking  for  incorporation  are  not  suitable 
persons,  from  lack  of  financial  ability  or  from  any  other 
cause,  he  shall  refuse  to  issue  bis  certificate.  If  he  refuses 
to  issue  his  certificate,  the  persons  asking  to  be  incorpo- 
rated may  appeal  to  the  superior  court,  which  shall  hear 


CH.  125.]  PRIVATE   CHARITABLE   CORPORATIONS.  257 

the  case  and  finally  determine  whether  or  not  the  certifi- 
cate of  incorporation  shall  be  issued. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  7,  1910. 


SECTION  6.     The  corporation  may  prescribe  by  its  by-  By-laws. 

i  i  •  i  .   i  ff,  •,     '  ,        Officers. 

laws  the  manner  in  which,  and  the  officers  and  agents  by  is?*,  375.  §  6. 

&  J    1875,  49,  §  1. 

whom,  the  purposes  of  its  incorporation  may  be  accom-  p- ?-  us.  IW.'« 
plished,  and,  instead  of  the  directors  and  other  officers  to 
be  chosen  at  the  first  meeting,  it  may  have  a  board  of 
other  officers  with  the  powers  of  directors,  and  presiding, 
financial  and  recording  officers  with  the  powers  of  presi- 
dent, treasurer,  and  clerk;  and  its  certificate  of  organiza- 
tion may  be  made,  signed  and  sworn  to  by  its  presiding, 
financial  and  recording  officers  and  a  majority  of  its 
other  officers  having  the  powers  of  directors;  and  the 
certificate  issued  by  the  secretary  under  the  provisions  of 
section  twenty  of  chapter  one  hundred  and  ten  shall  be 
modified  to  correspond  with  the  facts  in  each  case. 

SECTION  7.     Such  corporation,  if  organized  under  gen-  increase  of 
eral  laws,  at  a  meeting  called  for  the  purpose  may  in-  i888,.m. 
crease  the  amount  of  its  capital  stock  and  the  number  of 
shares  therein  to  an  amount  not  exceeding  five  hundred 
thousand  dollars. 

SECTION  8.     Any  corporation  organized  under  general  '^o 
or  special  laws  for  any  of  the  purposes  mentioned  in  sec- 
tion  two  and  under  sections  thirteen  to  sixteen,  inclusive, 
may  hold  real  and  personal  estate  to  an  amount  not  ex-  ISM/IT&IT. 

ceeding  one  million  five  hundred  thousand  dollars,  which  isVe,'  96. ' 

11111  i  i    •     •        i  1897- 97-  ? 

shall  be  devoted  to  the  purposes  set  forth  in  its  charter  1001, 96. 

.      .  ,    .  .  153<Mass.  78. 

or  agreement  of  association,  and  it  may  .receive  and  hold, 
in  trust  or  otherwise,  funds  received  by  gift  or  bequest  to 
be  devoted  by  it  to  such  purposes. 

SECTION  9.     Such  corporation  may,  at  a  meeting  duly  p^leof 
called  for  the  purpose,  by  vote  of  all  its  members,  add  to  is98,r504atl°n' 


258 


MANUAL  OF  LAWS. 


[Cn.  145. 


or  change  the  purpose  for  which  it  was  incorporated,  if  the 
additional  or  new  purpose  is  authorized  by  section  two. 
The  presiding,  financial  and  recording  officers  and  a 
majority  of  its  other  officers  having  the  powers  of  directors 
shall  forthwith  make,  sign  and  swear  to  a  certificate  set- 
ting forth  such  addition  to  or  change  of  purpose,  which, 
having  been  submitted  to  the  commissioner  of  corporations 
and  approved  by  him,  shall  thereupon  be  filed  and  re- 
corded in  the  office  of  the  secretary  of  the  commonwealth. 
greesYo^bfddwi,  SECTION  10.  A  corporation  organized  for  medical  pur- 
isI830,S268.tc'  poses  under  the  provisions  of  this  chapter  shall  not  confer 
degrees,  or  issue  diplomas  or  certificates  conferring  or 
purporting  to  confer  degrees,  unless  specially  authorized 
thereto  by  the  general  court.  An  officer,  agent  or  servant 
of  such  corporation  or  any  other  person  who  confers  de- 
grees, or  signs,  issues  or  authorizes  the  signing  or  issuing 
of  any  diploma  or  certificate  purporting  to  confer  any 
degree  of  medicine  or  surgery,  in  violation  of  the  provi- 
sions of  this  section,  shall  be  punished  by  a  fine  of  not 
less  than  five  hundred  nor  more  than  one  thousand  dollars. 


Appointment 
of  guardians. 
C.  L.  1,  §  2. 
1692-3,  46,  §  2. 
1776-7,  20. 
1783,  38,  §  1. 
1817,  190,  §  1. 
R.  S.  79,  §  1. 
G.  S.  109,  §  1. 
P.  S.  139,  §  1. 


Same  subject. 
1752-3,  12,  §  6. 
1783,  38,  §  1. 
R.  S.  79,  §  2. 
G.  S.  109,  §  2. 
P.  S.  139,  §  2. 
154  Mass.  378. 


GUARDIANSHIP   OF  MINORS. 

R.  L.   CHAPTER   145.   OF.  GUARDIANSHIP. 

For  provisions  as  to  accounting  of  guardians,  see  R.  L.  150.  For 
guardianship  of  minors  in  custody  of  the  Trustees  of  Massachusetts 
Training  Schools,  see  1915,  113,  §  3,  (Gen.)  p.  225,  supra. 

JURISDICTION. 

SECTION  1.  The  probate  court  may,  if  it  appears  neces- 
sary or  convenient,  appoint  guardians  of  minors  and  others 
who  are  inhabitants  of  or  residents  in  the  county  or  who 
reside  out  of  this  commonwealth  and  have  estate  within 
the  county.  5  Pick-  37°-  123  Mass-  58~- 

OF  MINORS. 

SECTION  2.  If  a  minor  is  under  the  age  of  fourteen 
years,  the  probate  court  may  nominate  and  appoint  his 
guardian.  If  he  is  above  that  age,  he  may  nominate  his 
own  guardian,  who,  if  approved  by  the  court,  shall  be 


CH.  145.]         GUARDIANSHIP  OF  MINORS.  259 

appointed  accordingly.  If  the  person  nominated  is  not 
approved  by  the  court,  or  if  the  minor  resides  out  of  the 
commonwealth,  or,  after  being  cited,  neglects  to  nominate 
a  suitable  person,  the  court  may  nominate  and  appoint 
his  guardian  in  the  same  manner  as  if  he  were  under  the 
age  of  fourteen  years. 

SECTION  3.     The  nomination  of  a  guardian  by  a  minor  Appointment 

"  of  guardians. 

above  the  age  of  fourteen  rears  mav  be  made  before  a  J^?"3Q'012S'  1 7- 

17oo,  oo,  J  1. 

justice  of  the  peace,   special  commissioner  or  a  city  or  ^^'^  |32\ 
town  clerk,  who  shall  certify  the  fact  to  the  probate  court.  G-  S- 109>  §  3' 

P.  S.  139,  §  3.  1899,  178,  §  2. 

SECTION  4.     [Amended  by  1902,  474;    1904,  163,  infra.]     The  guardian  Power  of 
of  a  minor,  unless  sooner  discharged  according  to  law,  shall  continue  in  ^^J.ian 
office  until  the  minor  arrives  at  the  age  of  twenty-one  years,  and  he  shall  C.  L.  211,  §  4. 
have  the  custody  and  tuition  of  his  ward  and  the  care  and  management  of  Q"  |'  Jgg^A 
all  his  estate,  except  that  the  father  of  the  minor,  if  living,  and  in  case  of  his  1871,  116.' 
death,  the  mother,  they  being,  respectively,  competent  to  transact  their  own  jggg'  gjj7' 
business,  shall  be  entitled  to  the  custody  of  the  person  of  the  minor  and  to  P.  S.  139,  §  4. 
the  care  of  his  education;  but  the  probate  court  may  order  that  the  guardian        Mass.  57. 
shall  have  such  custody,  if,  upon  a  hearing  and  after  such  notice  to  the  parents 
or  surviving  parent  as  it  may  order,  it  finds  such  parents  or  parent  to  be  unfit 
to  have  such  custody,  or  if  it  finds  one  of  them  unfit  therefor,  and  the  other 
files  in  such  court  his  or  her  consent  in  writing  to  such  order. 

[1902,  474.] 

AN    ACT    RELATIVE    TO    THE    CARE    AND    CUSTODY    OF   MINORS. 

[Superseded  by  1904,  163,  infra.} 

Section  four  of  chapter  one  hundred  and  forty-five  of  the  Revised  Laws  R.  L.  145,  §  4, 
is  hereby  amended  by  striking  out  the  word  "father",  in  the  fifth  line,  and  w 
inserting  in  place  thereof  the  word:  —  parents,  —  by  inserting  after  the 
word  "minor",  in  the  same  line,  the  word:  —  jointly,  —  by  striking  out 
the  word  "his",  in  the  same  line,  and  inserting  in  place  thereof  the  word:  — • 
the,  —  by  inserting  after  the  word  "death",  in  the  same  line,  the  words:  — 
of  either,  —  and  by  striking  out  the  word  "mother",  in  the  sixth  line,  and 
inserting  in  place  thereof  the  words:  —  surviving  parent,  —  so  as  to  read 
as  follows :  —  Section  4-  The  guardian  of  a  minor,  unless  sooner  discharged  Care  and 
according  to  law,  shall  continue  in  office  until  the  minor  arrives  at  the  age  ^snorsy  ° 
of  twenty-one  years,  and  he  shall  have  the  custody  and  tuition  of  his  ward 
and  the  care  and  management  of  all  his  estate,  except  that  the  parents  of 
the  minor,  jointly,  if  living,  and  in  case  of  the  death  of  either,  the  surviving 
parent,  they  being,  respectively,  competent  to  transact  their  own  business, 
shall  be  entitled  to  the  custody  of  the  person  of  the  minor  and  to  the  care 
of  his  education;  but  the  probate  court  may  order  that  the  guardian  shall 
have  such  custody,  if,  upon  a  hearing  and  after  such  notice  to  the  parents 
or  surviving  parent  as  it  may  order,  it  finds  such  parents  or  parent  to  be 
unfit  to  have  such  custody,  or  if  it  finds  one  of  them  unfit  therefor,  and  the 
other  files  in  such  court  his  or  her  consent  in  writing  to  such  order.  [Ap- 
proved June  12,  1902. 


260  MANUAL  OF  LAWS.  [CH.  145. 

[1904,  163.] 

AN   ACT   RELATIVE   TO   THE   CUSTODY   OF   MINOR   CHILDREN. 

^  ^amended        SECTION  1.     Section  four  of  chapter  one  hundred  and 
forty-five  of  the  Revised  Laws,  as  amended  by  chapter 
four  hundred  and  seventy-four  of  the  acts  of  the  year 
nineteen  hundred  and  two,  is  hereby  further  amended  by 
inserting  after  the  word  "may",  in  the  eleventh  line,  the 
words:  —  upon  the  consent  in  writing  of  the  parents,  or 
surviving    parent,  —  and    by    inserting    after    the    word 
"  custody ",  in  the  twelfth  line,  the  words :  —  and  may  so 
Care  and          order,  —  so    as    to    read    as    follows :  —  Section   4-      The 
minors.  guardian  of  a  minor,  unless  sooner  discharged  according 

to  law,  shall  continue  in  office  until  the  minor  arrives  at 
the  age  of  twenty-one  years,  and  he  shall  have  the  custody 
and  tuition  of  his  ward  and  the  care  and  management  of 
all  his  estate,  except  that  the  parents  of  the  minor,  jointly, 
if  living,  and  in  case  of  the  death  of  either,  the  surviving 
parent,  they  being,  respectively,  competent  to  transact 
their  own  business,  shall  be  entitled  to  the  custody  of  the 
person  of  the  minor  and  to  the  care  of  his  education;  but 
the  probate  court  may,  upon  the  consent  in  writing  of  the 
parents,  or  surviving  parent,  order  that  the  guardian  shall 
have  such  custody;  and  may  so  order  if,  upon  a  hearing 
and  after  such  notice  to  the  parents  or  surviving  parent 
as  it  may  order,  it  finds  such  parents  or  parent  to  be  unfit 
to  have  such  custody,  or  if  it  finds  one  of  them  unfit 
therefor,  and  the  other  files  in  such  court  his  or  her  con- 
sent in  writing  to  such  order. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  19,  1904> 


ntery  SECTION  5.  A  father,  or,  if  he  has  died  without  exer- 
l  e.  cising  the  power,  a  mother  may  by  his  or  her  last  will  in 
WTTJUB!' *  *'  writing  appoint,  subject  to  the  approval  of  the  probate 
1898,' 138.'  '  court,  a  guardian  for  his  or  her  child,  whether  born  at  the 


Cn.145.]         GUARDIANSHIP  OF  MINORS.  261 

time  of  making  the  will  or  afterward,  to  continue  during  8  Met.  127. 

•i  •  Allen,  518. 

the  minority  of  the  child  or  for  a  less  time.  Such  testa- 
mentary guardian  shall  have  the  same  powers  and  per- 
form the  same  duties,  relative  to  the  person  and  estate  of 
the  ward,  as  a  guardian  appointed  by  the  probate  court. 

TEMPORARY  GUARDIANS. 

SECTION  20.     [Superseded  by  1909,  504,    §   100,  repealed  by  1909,  504,  Temporary 
§  107,  infra.]     Upon  the  petition  of  the  mayor  of  a  city,  the  selectmen  of  fpp^intment 
a  town,  the  overseers  of  the  poor  of  a  city  or  town  or  other  person  in  interest,  of. 
the  judge  of  the  probate  court  may,  after  giving  due  notice  according  to  p  §'_  139^  §  6 
€he  rules  of  the  probate  court,  appoint  a  temporary  guardian  of  a  minor,  1897,  135,  §  1. 
insane  person  or  spendthrift  and  may,  with  or  without  notice,  remove  or  §§  i'  3    ' 
discharge  him  or  terminate  the  trust.     If  the  court  finds  that  the  welfare  1901.  213,  523. 
of  such  minor  requires  the  immediate  appointment  of  a  temporary  guardian 
of  his  person,  such  appointment  may  be  made  without  notice.    A  temporary 
guardian  shall  proceed  and  continue  in  the  execution  of  his  duties,  not- 
withstanding an  appeal  from  the  decree  appointing  him,  until  it  is  other- 
wise ordered  by  the  supreme  judicial  court,  or  until  the  appointment  of  a 
permanent  guardian,  or  until  his  trust  is  otherwise  legally  terminated. 

[1909,  504,  §  100.1 

AN   ACT   TO    REVISE    AND    CODIFY   THE    LAWS    RELATING  TO 
INSANE   PERSONS. 

APPOINTMENT   OF  TEMPORARY   GUARDIAN. 

SECTION  100.    Upon  the  petition  of  the  mayor  of  a  city,  Temporary 

guardian, 

the  selectmen  of  a  town,  the  overseers  of  the  poor  of  a  appointment 
city  or  town,  the  state  board  of  insanity,  or  other  person  P87|  ^  §  6 
in  interest,  the  court  may,  if  it  finds  that  the  welfare  of  a  {g^;  345; §  1- 
minor,  insane  person,  or  spendthrift  requires  the  immedi-  looV,  lis,  823, 
ate  appointment  of  a  temporary  guardian  of  his  person  and  R.  i».T4S5,  §26. 
estate,  appoint  a  temporary  guardian  of  such  minor,  in- 
sane person,  or  spendthrift,  with  or  without  notice,  and 
may  in  like  manner  remove  or  discharge  him  or  terminate 
the  trust.     A  temporary  guardian  may  proceed  and  con- 
tinue in  the  execution  of  his  duties,  notwithstanding  an 
appeal  from  the  decree  appointing  him,  until  it  is  otherwise 
ordered  by  the  supreme  judicial  court,  or  until  the  appoint- 
ment of  a  permanent  guardian,  or  until  the  trust  is  other- 
wise legally  terminated.     [Approved  June  16,  1909. 


262  MANUAL  OF  LAWS.  [Cn.  145. 

[1909,  504,  §  107.] 

Rep**1-  SECTION  107.    Sections  forty-two,  forty-three  and  forty- 

four  of  chapter  eighty-five,  chapter  eighty-seven  and 
amendments  thereof,  section  six  of  chapter  one  hundred 
and  forty-five  as  amended  by  section  one  of  chapter  one 
hundred  and  sixty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  section  twenty  of  chapter  one  hundred 
and  forty-five,  section  thirteen  of  chapter  one  hundred  and 
forty-six,  sections  eleven  and  twelve  of  chapter  two  hun- 
dred and  nineteen  as  amended  by  chapter  two  hundred 
and  fifty-seven  of  the  acts  of  the  year  nineteen  hundred 
and  four,  section  sixteen  of  said  chapter  two  hundred  and 
nineteen,  section  one  hundred  and  one  of  chapter  two 
hundred  and  twenty-five  as  amended  by  section  one  of 
chapter  four  hundred  and  seventy-two  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  sections  one  hundred 
and  two  and  one  hundred  and  three  of  chapter  two  hun- 
dred and  twenty-five  of  the  Revised  Laws;  chapter  five 
hundred  and  forty-two  of  the  acts  of  the  year  nineteen 
hundred  and  two;  chapters  three  hundred  and  twenty-one, 
four  hundred  and  four  hundred  and  ten  of  the  acts  of  the 
year  nineteen  hundred  and  three;  chapters  two  hundred 
and  eighty-two,  three  hundred  and  fifty-four  and  four 
hundred  of  the  acts  of  the  year  nineteen  hundred  and  five; 
chapters  three  hundred  and  nine,  three  hundred  and  thir- 
teen, three  hundred  and  sixteen  and  sections  one,  two, 
three,  four,  five,  six,  seven,  eight,  twelve,  thirteen,  four- 
teen, fifteen,  sixteen  and  seventeen  of  chapter  five  hun- 
dred and  eight  of  the  acts  of  the  year  nineteen  hundred 
and  six;  chapters  four  hundred  and  thirty-two  and  four 
hundred  and  eighty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  seven;  and  sections  one,  two  and  four  of 
chapter  six  hundred  and  thirteen,  and  chapter  six  hundred 
and  twenty-nine  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  and  all  acts  and  parts  of  acts  inconsistent  here- 
with, are  hereby  repealed.  [Approved  June  16,  1909. 


Cn.145.]         GUARDIANSHIP  OF  MINORS.  263 

SECTION  21.  Such  temporary  guardian  shall,  until  J^rjj^^ 
otherwise  ordered,  or  until  his  removal  or  the  appointment  duties'^!"1 
of  a  permanent  guardian,  have  the  same  powers  and  per-  p87!.  m",  §  e. 
form  the  same  duties  relative  to  the  person  and  estate  of  1900!  345) 
the  ward  as  permanent  guardians,  and  may  be  decreed  the 
custody  of  the  persons  of  minors,  if  the  court  finds  the 
parent  or  parents  unfit  therefor  or  if  it  finds  one  of  them 
unfit  therefor  and  the  other  consents  to  such  custody  by 
the  temporary  guardian  or  if  a  temporary  guardian  is 
serving  or  appointed  to  serve  in  place  of  a  temporary 
guardian  removed.  If  such  temporary  guardian  of  a 
minor  is  appointed  pending  proceedings  for  an  order  for 
custody  under  the  provisions  of  section  four  or  for  the 
removal  of  a  guardian  of  a  minor,  he  shall  have  the  sole 
custody  and  control  of  the  ward  during  the  pendency  of 
such  proceedings.  Upon  the  termination  of  his  powers, 
a  temporary  guardian  shall  deliver  to  the  guardian  or 
such  person  as  is  otherwise  lawfully  authorized  to  receive 
it  the  estate  of  the  ward  in  his  hands.  A  guardian  may  be 
admitted  to  prosecute  an  action  commenced  by  a  tempo- 
rary guardian. 

REMOVALS,  RESIGNATIONS,  ETC. 

SECTION  22.     If  a  guardian  who  has  been  appointed  Se^ard!kntc" 
either  by  a  testator  or  by  the  court  becomes  insane  or  mett'of>omt~ 

,!••  i  i          0  £  •  i  •  •  •  i_     successor. 

otherwise .  incapable  ot  performing  his  trust  or  is  unsuit-  1739,46. 
able  therefor,  the  probate  court,  after  notice  to  him  and  R.  s.  79,'  §  22.' 

.  G.  S.  109,  §  24. 

to  all  other  persons  interested,  mav  remove  him.     Upon  P.  s.  139,  §  21. 

'  "  4  Pick.  283. 

the  request  of  a  guardian,  the  probate  court  may  in  its  |  grcak-  ^|- 
discretion,    allow   him    to    resign   his    trust.      Upon    such  j^s  Mass' 537' 
removal  or  resignation,  and  upon  the  death  of  a  guardian,  lo5  Mass- 
another  may  be  appointed  in  his  stead. 

GUARDIANS  AD  LITEM  AND  NEXT  FRIEND. 

SECTION  23.     [Amended  by  1906,  452,  §  2,  infra.]     If,  under  the  terms  Appointment 
of  a  written  instrument  or  otherwise,  a  minor  or  person  under  disability,  adlitem^"1 
or  a  person  or  persons  not  ascertained  or  not  in  being,  may  be  or  may  become  1896,  456,  §  1. 
interested  in  any  property  real  or  personal,  the  court  in  which  any  action, 


264  MANUAL  OF  LAWS.  [CH.  ws. 

petition  or  proceeding  of  any  kind  relative  to  or  affecting  any  such  estate 
is  pending,  except  the  court  of  land  registration,  may,  upon  the  representa- 
tion of  any  party  thereto,  or  of  any  person  interested,  appoint  a  suitable 
person  to  appear  and  act  therein  as  guardian  ad  litem  or  next  friend  of  such 
minor  or  person  or  persons  under  disability  or  not  ascertained  or  not  in 
being;  and  a  judgment,  order  or  decree  in  such  proceedings,  made  after 
such  appointment,  shall  be  conclusive  upon  all  persons  for  whom  such 
guardian  ad  litem  or  next  friend  was  appointed. 

[1906,  452,  §  2.] 
R.  L  145,  §  23,       SECTION  2.     Section  twenty-three  of  chapter  one  hun- 

amended. 

dred  and  forty-five  of  the  Revised  Laws  is  hereby  amended 
by  striking  out  the  words  "except  the  court  of  land 
registration",  in  the  sixth  line,  so  as  to  read  as  follows:  — 
^SdSn?*  Section  23.  If,  under  the  terms  of  a  written  instrument  or 
otherwise,  a  minor  or  person  under  disability,  or  a  person 
or  persons  not  ascertained  or  not  in  being,  may  be  or  may 
become  interested  in  any  property  real  or  personal,  the 
court  in  which  any  action,  petition  or  proceeding  of  any 
kind  relative  to  or  affecting  any  such  estate  is  pending 
may,  upon  the  representation  of  any  party  thereto,  or  of 
any  person  interested,  appoint  a  suitable  person  to  appear 
and  act  therein  as  guardian  ad  litem  or  next  friend  of 
such  minor  or  person  or  persons  under  disability  or  not 
ascertained  or  not  in  being;  and  a  judgment,  order  or 
decree  in  such  proceedings,  made  after  such  appointment, 
shall  be  conclusive  upon  all  persons  for  whom  such 
guardian  ad  litem  or  next  friend  was  appointed.  [Approved 
June  5,  1906. 

Cit«d.     Elder  v.  Adams  (1902),  180  Mass.  303;  Mclsaac  v.  Adams  (1906),  190 

Mass.  117. 

i 

a^pptafance  SECTION  24.    The  reasonable  expenses  of  such  guardian 

896, 4o6,  §  2.     a(j  iftem  or  next  frienc^  including  his  compensation  and 

that  of  his  counsel,  shall  be  determined  by  the  court  and 
paid  as  it  may  order,  either  out  of  the  estate  or  by  the 
plaintiff  or  petitioner.  If  such  expenses  are  to  be  paid  by 
the  plaintiff  or  petitioner  execution  therefor  may  issue  in 
the  name  of  the  guardian  ad  litem  or  next  friend. 


CH.  145.]        GUARDIANSHIP  OF  MINORS.  2G5 


GENERAL  POWERS  AND  DUTIES  OF  GUARDIANS. 
SECTION  25.    A  guardian  shall  pay  all  just  debts  which  Powers  and 
are  due  from  his  ward  out  of  the  personal  property,  if  guardians.    r 
sufficient,  and,  if  not,  out  of  the  real  property,  upon  ob-  \H\~l'  g4'§§35' 
tainirig  a  license  for  the  sale  thereof  as  provided  in  chapter  Hf^ \fy* 4- 
one  hundred  and  forty-six.    He  shall  settle  all  accounts  of  §!  §!  io9,Vi8. 
his  ward  and  demand,  sue  for  and  receive  all  debts  due  to  13 'Mass.  237. 
him   or,   with   the   approval   of   the   probate   court,   mav  5  pick.  431! 

'  19  Pick. 

compromise  the  same  and  give  a  discharge  to  the  debtor.  34Ai596-587 
He  shall  appear  for  and  represent  his  ward  in  all  actions,  g^^gl2!^ 
suits  and  proceedings,  unless  another  person  is  appointed  fo^AUeA,4^. 
for  that  purpose  as  guardian  ad  litem  or  next  friend. 

97  Mass.  508.  Ill  Mass.  265.  170  Mass.  499. 

100  Mass.  239.  133  Mass.  531.  180  Mass.  303. 

101  Mass.  60.  155  Mass.  136.  182  Mass.  332. 
106  Mass.  501.  168  Mass.  215,  573.  190  Mass.  117. 

See  1911,  147,  infra. 

[1911,  147.] 

AN  ACT  RELATIVE  TO  SUITS  AGAINST  EXECUTORS,   ADMINIS- 
TRATORS, TRUSTEES  AND   GUARDIANS. 

SECTION  1.    An  action  founded  on  any  contract  hereto-  suits  against 

executors,  etc. 

fore  made  or  act  heretofore  done  by  any  person  acting  as 
the  executor,  administrator  or  other  legal  representative 
of  the  estate  of  a  deceased  person,  or  by  any  person  acting 
as  trustee  or  guardian,  shall  be  brought  within  two  years 
after  the  passage  hereof;  and  if  founded  upon  any  con- 
tract made  or  act  done  subsequent  to  the  passage  of  this 
act,  such  action  shall  be  brought  within  two  years  after 
the  right  of  action  accrues:  provided,  however,  that  nothing  Proviso. 
herein  shall  be  construed  as  extending  the  limitation  of 
time  within  which  an  action  must  be  brought  on  any  cause 
of  action  now  existing,  or  as  applying  to  actions  upon  pro- 
bate bonds,  or  to  actions  in  favor  of  the  estate  of  which 
such  person  shall  have  been  such  legal  representative,  or 
to  actions  in  favor  of  a  beneficiary  or  ward,  or  to  actions 
brought  by  the  commonwealth. 


26G 


MANUAL  OF  LAWS. 


[Cn.  145. 


SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  17,  1911, 


Same  subject. 
1726-7,  12,  §  4. 
1731-2,  14,  §  4. 
1737-8,  9,  §  3. 
1783,  38,  §  4. 
1806,  102. 
R.  S.  79,  §  18. 
G.  S.  109,  §  19. 
P.  S.  139,  §  30. 
20  Pick.  116. 
4  Allen,  426. 
8  Allen,  427. 
10  Allen,  59. 
109  Mass.  252. 
120  Mass.  487. 
160  Mass.  233. 


Certain 
property  of  a 
spendthrift 
may  be 
transferred  to 
the  wife,  etc. 
R.  L.  145,  §  10. 


SECTION  26.  He  shall  manage  the  estate  of  his  ward 
frugally  and  without  waste,  and  shall  apply  the  income 
and  profits  thereof,  so  far  as  may  be  necessary,  to  the 
comfortable  and  suitable  maintenance  and  support  of  the 
ward  and  his  family.  If  the  income  and  profits  are 
insufficient  for  that  purpose,  the  guardian  may  sell  the 
real  property  upon  obtaining  a  license  therefor,  and  shall 
apply  the  proceeds  of  such  sale,  so  far  as  may  be  neces- 
sary, for  the  maintenance  and  support  of  the  ward  and  his 
family. 

See  1908,  75,  infra. 
Cited.     190  Mass.  459. 

[1908,  75.] 

AN    ACT    RELATIVE   TO   THE   PROPERTY    OF   PERSONS   UNDER 
GUARDIANSHIP   AS   SPENDTHRIFTS. 

SECTION  1.  Any  probate  court  having  jurisdiction  of 
the  property  of  a  person  who  is  under  guardianship  as  a 
spendthrift  may,  on  petition  of  such  ward,  and  after  such 
notice  as  the  court  may  determine,  authorize  the  guardian 
of  the  wyard  to  pay,  or  to  convey,  such  portion  of  the 
ward's  real  or  personal  estate,  either  principal  or  income, 
as  the  court  may  designate,  to  the  wife  or  any  child,  or 
children,  or  grandchildren,  of  the  ward;  and  such  prop- 
erty, when  so  paid  or  conveyed,  shall  become  the  prop- 
erty of  the  donee  or  grantee. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  10,  1908. 


SECTION  27.  A  guardian  may,  except  when  he  has 
interest  adverse  to  that  of  the  ward  in  the  estate  to  be 
divided,  make  partition  of  his  wrard's  real  property  if 


CH.  145.]         GUARDIANSHIP  OF  MINORS.  267 

lying  in  common  and  undivided,  either  upon  petition  for  G.  s.  109,  §  20. 

JL    .     O.      I-),',      §     Oi. 

partition  or  otherwise,  as  fully  and  in  like  manner  as  the  ^io^-. 

__1,  -lit. 

ward  could  do  if  he  were  under  no  disability,  may  assign 
and  set  out  dower  in  his  ward's  estate  to  any  widow  en- 
titled thereto,  and  may  appoint  an  appraiser  of  real  prop- 
erty on  an  execution  either  against  or  in  favor  of  his  ward. 

SECTION  28.    The  probate  court  may,  upon  the  petition  Support  of 

Jj       ^  minor  child 

of  a  guardian  entitled  to  the  custodv  of  his  minor  ward,  ^  Pa0r.fQnt3- 

Io91t    OOo. 

during  the  lifetime  of  either  or  both  of  his  parents,  and 
after  notice  to  all  parties  interested,  order  and  require 
said  parents  or  either  of  them  to  contribute  to  the  support 
and  maintenance  of  such  minor  in  such  amounts  and  at 
such  times  as  it  determines  are  just  and  reasonable.  Such 
parent  or  parents  may  be  required  to  give  a  bond  condi- 
tioned to  comply  with  such  order  and  payable  to  the 
judge  of  said  court  and  his  successors  in  such  sum  and 
with  such  sureties  as  the  court  orders.  The  court  may 
from  time  to  time,  upon  application  of  either  party,  revise 
or  alter  such  order  or  make  such  new  order  or  decree  as 
the  circumstances  of  the  parents  or  the  benefit  of  the 
minor  may  require. 

For  further  provisions  as  to  support  of  children,  see  1906,  501, 
p.  118;  1909,  180,  p.  118;  1911,  456,  p.  121,  supra. 

SECTION  29.     If  a  minor,  who  has  a  father  living,  has  Application  of 

minor  s 

property  sufficient  for  his  maintenance  and  education  in  property  to 

ms  support 

a  manner  more  expensive  than  the  father  can  reasonably  f^ng  father's 
afford,  regard  being  had  to  the  situation  of  the  father's  ^i4%788' § : 
family  and  to  all  the  circumstances  of  the  case,  the  pro-  p.'  s.'  139,'  §  32.' 
bate  court  mav  order  that  such  expenses  of  the  mainte-  4  Mais!  97. ' 

,.,..:'.  i         i  .1  f  •        i  •  SCush.  587. 

nance  and  education  or   such  child  as  it  determines  are  164  Mass.  422. 
reasonable  may  be  defrayed  out  of  his  own  property;   and 
if    necessary,    his    real    property    upon    obtaining    license 
therefor  may  be  sold  for  that  purpose  by  the  guardian. 

SECTION  30.    The  probate  court  may,  upon  the  appli-  fj^r°er*  °[ 
cation  of  the  guardian  of  an  insane  person  or  of  a  child  or  ^^  person 
the  guardian  of  a  child  of  an  insane  person,  after  notice  to  suardianshlP- 


268 


MANUAL  OF  LAWS. 


[Cn.  145. 


1880,  166. 

P.  S.  139,  §  33. 


all  other  persons  interested,  authorize  and  require  the 
guardian  of  such  insane  person  to  apply  to  the  mainte- 
nance and  education  of  any  child  or  children  of  said  ward 
such  portion  as  the  court  orders  of  the  income  of  the  ward, 
which  is  not  required  for  his  maintenance  and  support. 


Guardians 
may  obtain 
releases  of 
dower,  etc., 
in  ward's  real 
property. 
1869,  219,  §  1. 
P.  S.  139,  §  35. 


Election  or 

waiver  by 

guardian. 

1871,  97. 

P.  S.  139,  §  36. 

102  Mass.  568. 

153  Mass.  137. 


Appraisal  of 
estate. 

1817,  190,  |  34. 
R.  S.  79,  §  20. 
G.  S.  109,  §  17. 
P.  S.  139,  §  37. 


Sale  of 
personal 
property  of 
ward. 

1817,  190,  §  35. 
1820,  54,  §  3. 
R.  S.  79,  §  21. 
G.  S.  109,  §  22. 
P.  S.  139,  §  38. 
2  Pick.  243. 
8  Allen,  15. 
120  Mass.  102. 
149  Mass.  375. 
168  Mass.  576. 
190  Mass.  27. 


SECTION  32.  The  probate  court  may,  after  notice  to  all 
persons  interested,  authorize  guardians  to  obtain  by  pur- 
chase the  release  and  conveyance  of  a  right  of  dower  or  of 
curtesy,  homestead,  life  estate,  estate  for  years  or  other 
interest,  vested  or  contingent,  held  or  owned  by  any  per- 
son in  or  to  any  real  property  of  their  wards,  and  to  make 
any  contract  relative  to  such  rights  or  interests  which  may 
be  necessary  to  effect  such  purchase. 

SECTION  33.  If  property,  rights  or  benefits  given  by 
will  or  by  provision  of  law  depend  upon  the  election, 
waiver  or  other  act  of  a  person  incompetent  by  reason  of 
insanity  or  minority  to  exercise  or  perform  the  same,  his 
guardian  may  make  such  election  or  waiver  or  perform 
such  act. 

SECTION  34.  Upon  taking  an  inventory,  the  estate  and 
effects  comprised  therein  shall  be  appraised  by  three 
appraisers,  who  shall  be  appointed  and  sworn  as  is  required 
by  law  relative  to  the  inventory  of  the  estate  of  a  de- 
ceased person. 

SECTION  35.  The  probate  court  may,  upon  the  applica- 
tion of  a  guardian  or  of  any  person  interested  in  the  estate 
of  a  ward,  after  notice  to  all  other  persons  interested,  au- 
thorize or  require  the  guardian  to  sell  and  transfer  any 
personal  property  held  by  him  as  guardian  and  to  invest 
the  proceeds  thereof  and  all  other  money  in  his  hands  in 
such  manner  as  may  be  most  for  the  interest  of  all  con- 
cerned. Said  court  may  make  such  further  order  and  give 
such  directions  as  the  case  may  require  for  the  manage- 
ment, investment  and  disposition  of  the  estate  in  the 
hands  of  the  guardian. 


CH.M5.]         GUARDIANSHIP  OF  MINORS.  269 

SECTION  36.    An  executor,  administrator  or  trustee  who  Transfer  of 

estate  of  ward 

has  in  his  hands  personal  property  belonging  to  a  person  who  has  no 

r  guardian  in 

under  guardianship  residing  out  of  this  commonwealth  and  ^gs^2e'§2 
having  no  guardian  appointed  therein  may  pay  over  and  p7g'  ^  §  40 
transfer  the  whole  or  any  part  of  such  personal  property  183  Mass'  81> 
to  a  guardian,  trustee,  or  committee  appointed  by  com- 
petent authority  in  the  state  or  country  in  which  such 
person  resides,  upon  the  terms  and  in  the  manner  required 
by  the  provisions  of  section  twenty-five  of  chapter  one 
hundred  and  forty-six. 

SECTION  37.    The  marriage  of  a  female  under  guardian-  Effect  of 

,  .  .  i      11     i          •         i  T  f      11      •    i  ,  marriage  of 

ship  as  a  minor  shall  deprive  her  guardian  or  all  right  to  female  ward. 

It.  S.  79,  §  23. 

her  custody  and  education,  but  not  of  his  right  to  the  p'f'/lg'lff' 
possession  of  her  property.  15  Gray>  **5- 

SECTION  38.    Upon  complaint  to  the  probate  court  by  a  Recovery  of 

-  .  i          '      i  •  i  •  1-1        property  of 

guardian,  ward,  creditor  or  other  person  interested  in  the  ward  which 

•  •       kas  been 

estate  of  a  ward  or  by  a  person  having  claims  thereto  in         Zled>  etc> 


expectancy  as  heir  or  otherwise,  against  any  one  suspected  $£_$•  14 
of  having  fraudulently  received,  concealed,  embezzled  or  j^if;  9>  §  2. 
conveyed  away  any  of  the  property,  real  or  personal,  of  R8s.379,  §27. 
the  ward,  the  court  mav  cite  and  examine  such  suspected  G^S.  160,  §'so. 

.     *  .  .  ,    P.  S.  139,  §  42. 

person,  although  he  is  the  guardian,  in  the  manner  and  11  Gray,  210. 
subject  to  the  penalties  provided  relative  to  persons  sus- 
pected of  fraudulently  receiving,  concealing  or  embezzling 
the  estate  of  a  deceased  person. 

SECTION  39.     The  provisions  of  this  chapter  shall  not  fhr°s^°ptse°f 
affect  the  power  of  a  court  or  trial  justice  to  appoint  a  ap 


guardian  to  defend  the  interests  of  a  minor  impleaded  in  a 

such  court  or  before  such  trial  justice,  or  interested  in  a  Rexs.  79,  §  s. 

G.  8.109,  §7. 

suit  or  matter  there  pending,  nor  the  power  or  such  court  P-  s.  139,  §  43. 

1896,  456,  §  3. 

or  justice  to  appoint  or  allow  a  person,  as  next  friend  for  a  f^M^s5^ 
minor,  to  commence,  prosecute  or  defend  a  suit  in  his  116  Mass-  377- 
behalf. 

Cited.     180  Mass.  303. 


270 


MANUAL  OF  LAWS. 


[Cn.  154. 


Who  may 
petition  for 
leave  to  adopt 
a  child. 
1851,  324, 
§J  1,  4. 

G.  S.  110,  §  1. 
1871,  310,  §  1. 
1876,  213, 
§§  1,  10,  11. 
P.  S.  148,  §  1. 
124  Mass.  592. 
137  Mass.  346. 
171  Mass.  99. 
183  Mass.  405. 


Written  con- 
sent of  certain 
persons 
required. 

1851,  324, 
§§  2,  3. 

1852,  262. 

1853,  31. 
G.  S.  110, 
§§  2,  5. 
1871,  310, 
§§  2,  4. 
1876,  213,  §  2. 
P.  S.  148,  §  2. 
154  Mass.  378. 
195  Mass.  197. 


ADOPTION   OF   CHILDREN. 

R.  L.  CHAPTER  154. 

OF  THE  ADOPTION  OF  CHILDREN  AND  CHANGE  OF 

NAMES. 

SECTIONS     1-11.  —  Adoption  of  Children. 
SECTIONS  12-14.  —  Change  of  Names. 

ADOPTION  OF  CHILDREN. 

SECTION  1.  A  person  of  full  age  may  petition  the  pro- 
bate court  in  the  county  in  which  he  resides  for  leave  to 
adopt  as  his  child  another  person  younger  than  himself, 
unless  such  other  person  is  his  or  her  wife  or  husband,  or 
brother,  sister,  uncle  or  aunt,  of  the  whole  or  half  blood. 
If  the  petitioner  has  a  husband  or  wife  living,  who  is 
competent  to  join  in  the  petition,  such  husband  or  wife 
shall  join  therein,  and  upon  adoption  the  child  shall  in 
law  be  the  child  of  both.  If  a  person  who  is  not  an 
inhabitant  of  this  commonwealth  desires  to  adopt  a  child 
who  resides  here,  the  petition  may  be  made  to  the  probate 
court  in  the  county  in  wrhich  the  child  resides.1 

SECTION  2.  [Amended  by  1902,  544;  1904,  302,  infra.}  A  decree  for 
such  adoption  shall  not  be  made,  except  as  hereinafter  provided,  without 
the  written  consent  of  the  child,  if  it  is  above  the  age  of  fourteen  years; 
of  her  husband,  if  she  is  a  married  woman;  of  the  lawful  parents,  or  sur- 
viving parent;  of  the  parent  having  the  lawful  custody  of  the  child,  if  the 
parents  are  divorced  or  are  living  separately;  of  the  guardian  of  the  child, 
if  any;  of  the  mother  only  of  the  child,  if  illegitimate;  or  of  the  person 
substituted  for  any  of  the  above  named  by  the  provisions  of  this  chapter. 
The  fact  of  illegitimacy  shall  in  no  case  appear  upon  the  record.  A  person 
whose  consent  is  hereby  required  shall  not  thereby  be  debarred  from  being 
the  adopting  parent.  If  the  child  has  been  previously  adopted,  the  consent 
of  the  previous  adopting  parent  shall  also  be  required. 

1  Under  the  provisions  of  §  1,  there  can  be  no  such  thing  as  an  adopted  child  of 
one  spouse  alone  where  at  the  time  of  the  adoption  both  the  husband  and  wife  were 
living  and  were  competent  to  join  in  the  petition.  Davis  v.  McGraw  (1910),  206  Mass. 
294.  Consequently,  a  decree  of  a  probate  court  declaring  the  adoption  of  a  child 
by  a  sole  petitioner,  who  represented  himself  to  be  a  widower  but  who  had  a  wife  living 
competent  to  join  in  the  petition,  is  absolutely  void,  because  under  this  section  the 
court  has  no  jurisdiction  to  grant  such  a  petition.  Idem.  A  decree  of  adoption  of  a 
child  in  the  custody  of  the  State  Board  of  Charity,  by  reason  of  commitment  under 
R.  L.  83,  §  37,  does  not  operate  to  remove  or  impair  such  custody.  Purinton  v.  Jam- 
rock  (1907),  195  Mass.  197. 


CH.  154.]  ADOPTION  OF  CHILDREN.  271 


[1902,  544,  §  22.] 

AN  ACT   TO   AMEND   THE    REVISED   LAWS   AND    TO    SUPPLY   CERTAIN   OMISSIONS 

THEREFROM. 

SECTION  22.     [Amended  by  1904,  302,  infra.}     Section  two  of  chapter  R.  L.  154,  §  2, 
one  hundred  and  fifty-four  of  the  Revised  Laws  is  hereby  amended  by  amended- 
striking  out  the  words  "The  fact  of  illegitimacy  shall  in  no  case  appear 
upon  the  record",  in  the  ninth  and  tenth  lines,  so  as  to  read  as  follows:  — 
Section  2.     A  decree  for  such  adoption  shall  not  be  made,  except  as  here-  Written  cpn- 
inafter  provided,  without  the  written  consent  of  the  child,  if  it  is  above  the  ^ore6decree 
age  of  fourteen  years;    of  her  husband,  if  she  is  a  married  woman;    of  the  for  adoption 
lawful  parents,  or  surviving  parent ;  of  the  parent  having  the  lawful  custody  is  m&de,  etc. 
of  the  child,  if  the  parents  are  divorced  or  are  living  separately;    of  the 
guardian  of  the  child,  if  any;  of  the  mother  only  of  the  child,  if  illegitimate; 
or  of  the  person  substituted  for  any  of  the  above  named  by  the  provisions 
of  this  chapter.    A  person  whose  consent  is  hereby  required  shall  not  thereby 
be  debarred  from  being  the  adopting  parent.    If  the  child  has  been  previously 
adopted,  the  consent  of  the  previous  adopting  parent  shall  also  be  required. 
[Approved  June  28,  1902. 

[1904,  302.] 

AN  ACT  RELATIVE  TO  PROCEDURE  IN  THE  ADOPTION  OF 

CHILDREN. 

Section  two  of  chapter  one  hundred  and  fifty-four  of  the  R-  L.  154,  §  2, 

etc.,  amended. 

Revised  Laws,  as  amended  by  section  twenty-two  of  chap- 
ter five  hundred  and  forty-four  of  the  acts  of  the  year 
nineteen  hundred  and  two,  is  hereby  further  amended  by 
inserting  after  the  word  "chapter",  in  the  eleventh  line, 
the  words:  —  Illegitimacy  shall  in  no  case  be  expressly 
averred  upon  the  record,  —  so  as  to  read  as  follows :  — • 
Section  2.  A  decree  for  such  adoption  shall  not  be  made,  written  con- 

sent  required 

except  as  hereinafter  provided,  without  the  written  con-  j^^f/ton6 
sent  of  the  child,  if  it  is  above  the  age  of  fourteen  years;  lsmade- 
of  her  husband,  if  she  is  a  married  woman;    of  the  lawful 
parents,   or  surviving  parent;    of  the  parent  having  the 
lawful  custody  of  the  child,  if  the  parents  are  divorced  or 
are  living  separately;   of  the  guardian  of  the  child,  if  any; 
of  the  mother  only  of  the  child,  if  illegitimate;    or  of  the 
person  substituted  for  any  of  the  above  named  by  the 
provisions  of  this  chapter.    Illegitimacy  shall  in  no  case  be  illegitimacy 

.  not  to  be 

expressly  averred  upon  the  record.     A  person  whose  con-  expressly 

averred  upon 

sent  is  hereby  required  shall  not  thereby  be  debarred  from  record,  etc. 
being  the  adopting  parent.     If  the  child  has  been  previ- 


272  MANUAL  OF  LAWS.  [CH.  154. 

ously  adopted,  the  consent  of  the  previous  adopting  parent 
shall  also  be  required.1    [Approved  May  6,  1904- 

Consent  not  SECTION  3.     [Amended  by  1907,  405,  infra.]     The  consent  of  the  persons 

when.     '  named  in  the  preceding  section,  other  than  the  child  or  her  husband,  if 

1853,  402.  any,  shall  not  be  required  if  the  person  to  be  adopted  is  of  full  age.  nor 

G.  S.  110,  §  3.      shall  the  consent  of  any  such  person  other  than  the  child  be  required  if 

sf7^'  fi10'  such  person  is  adjudged  by  the  court  hearing  the  petition  to  be  hopelessly 

1872*,  311,  §  1.       insane,  or  is  imprisoned  in  the  state  prison  or  in  a  house  of  correction  in 

sf7!'  4 13>  *kis  commonwealth  under  sentence  for  a  term  of  which  more  than  three 

P.  S.  148,  §  3.       years  remain  unexpired  at  the  date  of  the  petition ;  or  if  he  has  wilfully 

isqs'  |01,  |  4.       deserted  and  neglected  to  provide  proper  care  and  maintenance  for  such 

137  Mass.  346.      child  for  two  years  last  preceding  the  date  of  the  petition ;    or  if  he  has 

183  Mass.  405.      suffered  such  child  to  be  supported  for  more  than  two  years  continuously, 

prior  to  the  petition,  by  an  incorporated  charitable  institution  or  as  a  pauper 

by  a  city  or  town  or  by  the  commonwealth;   or  if  he  has  been  sentenced  to 

imprisonment  for  drunkenness  upon  a  third  conviction  within  one  year 

and  neglects  to  provide  proper  care  and  maintenance  for  such  child;    or  if 

such  person  has  been  convicted  of  being  a  common  night  walker  or  a  lewd, 

wanton  and  lascivious  person,   and  neglects  to  provide  proper  care  and 

maintenance  for  such  child.    A  giving  up  in  writing  of  a  child,  for  the  purpose 

of  adoption,  to  an  incorporated  charitable  institution  shall  operate  as  a 

consent  to  any  adoption  subsequently  approved  by  such  institution.    Notice 

of  the  petition  shall  be  given  to  the  state  board  of  charity,  if  the  child  is 

supported  as  a  pauper  by  a  city  or  town  or  by  the  commonwealth.  * 

[1907,  405.] 

AN  ACT  RELATIVE  TO  THE  ADOPTION  OF  CHILDREN  AND  THE 
CHANGE    OF   NAME. 

amended.' §  3'  SECTION  1.  Section  three  of  chapter  one  hundred  and 
fifty-four  of  the  Revised  Laws  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  words :  —  and  if  the  child  is 
supported  by  a  city  or  town,  notice  shall  also  be  given  to 
the  overseers  of  the  poor  thereof,  and  in  the  city  of  Boston 
said  notice  shall  be  given  both  to  the  overseers  of  the  poor 
and  to  the  trustees  for  children,  —  so  as  to  read  as  follows : 

reaped  fn*1        —  Section  8.     The  consent  of  the  persons  named  in  the 

1  The  entry  "child  of  M.  J.  single  woman"  is  not    a    violation  of  chapter  302, 
Acts  of  1904,  which  provides  that  "  Illegitimacy  shall  in  no  case  be  expressly  averred 
upon  the  record."     Purinion  v.  Jamrock  (1907),  195  Mass.  197. 

2  Where  a  child  is  committed  to  the  State  Board  of  Charity  under  the  provisions 
of  R.  L.  83,  §  37,  because  of  the  neglect,  crime,  drunkenness  or  other  vice  of  its  parent, 
and  the  said  child  is  supported  continuously  for  more  than  two  years  by  the  Com- 
monwealth, the  parent,  who  has  taken  no  appeal  from  the  judgment  committing  the 
child,  and  has  never  sought  to  regain  custody  of  the  child  by  application  to  the  said 
Board  under  1903,  334,  §  3,  "suffers"  such  child  to  be  supported  for  more  than  two 
years  as  a  pauper,  within  the  meaning  of  R.  L.  154,  §  3.     Purinton  v.  Jamrock,  supra. 


CH.  154.]  ADOPTION  OF  CHILDREN.  273 

preceding  section,  other  than  the  child  or  her  husband,  if  o^a^^f  ; 
any,  shall  not  be  required  if  the  person  to  be  adopted  is  of  names' etc- 
full  age,  nor  shall  the  consent  of  any  such  person  other 
than  the  child  be  required  if  such  person  is  adjudged  by 
the  court  hearing  the  petition  to  be  hopelessly  insane,  or  is 
imprisoned  in  the  state  prison  or  in  a  house  of  correction 
in  this  commonwealth  under  sentence  for  a  term  of  which 
more  than  three  years  remain  unexpired  at  the  date  of  the 
petition;  or  if  he  has  wilfully  deserted  and  neglected  to 
provide  proper  care  and  maintenance  for  such  child  for 
two  years  last  preceding  the  date  of  the  petition;  or  if  he 
has  suffered  such  child  to  be  supported  for  more  than  two 
years  continuously,  prior  to  the  petition,  by  an  incorpo- 
rated charitable  institution  or  as  a  pauper  by  a  city  or 
town  or  by  the  commonwealth;  or  if  he  has  been  sen- 
tenced to  imprisonment  for  drunkenness  upon  a  third 
conviction  within  one  year  and  neglects  to  provide  proper 
care  and  maintenance  for  such  child;  or  if  such  person 
has  been  convicted  of  being  a  common  night  walker  or  a 
lewd,  wanton  and  lascivious  person,  and  neglects  to  pro- 
vide proper  care  and  maintenance  for  such  child.  A  giving 
up  in  writing  of  a  child,  for  the  purpose  of  adoption,  to  an 
incorporated  charitable  institution  shall  operate  as  a  con- 
sent to  any  adoption  subsequently  approved  by  such 
institution.  Notice  of  the  petition  shall  be  given  to  the 
state  board  of  charity,  if  the  child  is  supported  as  a  pauper 
by  a  city  or  town  or  by  the  commonwealth,  and  if  the 
child  is  supported  by  a  city  or  town,  notice  shall  also  be 
given  to  the  overseers  of  the  poor  thereof,  and  in  the  city 
of  Boston  said  notice  shall  be  given  both  to  the  overseers 
of  the  poor  and  to  the  trustees  for  children. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage.1 
[Approved  May  14,  1907. 

SECTION  4.     [Amended  by  1915,  S3,  Gen.,  infra.]     If  the  written  consent  Notice  to  be 
required  by  the  provisions  of  the  two  preceding  sections  is  not  submitted  folqnj!iw^e"' 
to  the  court  with  the  petition,  the  court  shall  order  notice  by  personal  service  G.  S.  110,  §  4. 
on  the  parties  of  a  copy  of  the  petition  and  order  thereon,  or,  if  they  are  not  }?—'  ^}^'  f  \- 

In/  J,    olU,    §   5. 

i  See  note  2,  p.  272. 


274 


MANUAL  OF  LAWS. 


[Cn.  15 


1872,  311,  5  3. 

1876,  213,  §  5. 

P.  S.  148,  §  4. 

137  Mass.  84, 

346. 

183  Mass.  405. 


found  within  this  commonwealth,  by  publication  of  the  petition  and  order 
once  in  each  of  three  successive  weeks  in  such  newspaper  as  the  court  orders, 
the  last  publication  to  be  seven  days  at  least  before  the  time  appointed  for 
the  hearing,  and  the  court  may  require  additional  notice  and  consent. l 


R.  L.  154,  §  4, 
amended. 


Publication 
not  required 
in.  certain 
cases. 


[1915,  53,  GEN.] 

AN  ACT  RELATIVE  TO  NOTICE  OF  PETITIONS  FOR  ADOPTION 
IN  CERTAIN  CASES. 

SECTION  1.  Section  four  of  chapter  one  hundred  and 
fifty-four  of  the  Revised  Laws  is  hereby  amended  by  add- 
ing at  the  end  thereof  the  words:  —  But  if  such  child  is  of 
unknown  parentage  and  is  a  foundling,  publication  as 
herein  set  forth  shall  not  be  required;  but  notice  of  the 
petition  shall  be  given  to  the  state  board  of  charity,  —  so 
as  to  read  as  follows :  —  Section  4-  If  the  written  consent 
required  by  the  provisions  of  the  two  preceding  sections 
is  not  submitted  to  the  court  with  the  petition,  the  court 
shall  order  notice  by  personal  service  on  the  parties  of  a 
copy  of  the  petition  and  order  thereon,  or,  if  they  are  not 
found  within  this  commonwealth,  by  publication  of  the 
petition  and  order  once  in  each  of  three  successive  weeks  in 
such  newspaper  as  the  court  orders,  the  last  publication 
to  be  seven  days  at  least  before  the  time  appointed  for  the 
hearing,  and  the  court  may  require  additional  notice  and 
consent.  But  if  such  child  is  of  unknown  parentage  and 
is  a  foundling,  publication  as  herein  set  forth  shall  not  be 
required;  but  notice  of  the  petition  shall  be  given  to  the 
state  board  of  charity. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  12,  1915. 


Persons  not 
appearing,  to 
be  held  to 


SECTION  5.  If,  after  such  notice,  a  person  whose  con- 
sent is  required  does  not  appear  and  object  to  the  adoption, 

1  Where  a  mother  had  surrendered  her  child  to  a  children's  home  for  adoption, 
it  was  held  that  the  court  was  not  deprived  of  jurisdiction  to  authorize  the  child's 
adoption  by  reason  of  the  fact  that  the  child's  father  was  a  resident  of  Scotland  and 
did  not  consent,  notice  of  the  adoption  having  been  properly  given  him  by  publication. 
Stearns  v.  Allen  (1903),  183  Mass.  97. 


CH.  154.]  ADOPTION  OF  CHILDREN.  275 

the  court  may  act  upon  the  petition  without  his  consent,  J^"^  , ., 
subject  to  his  right  of  appeal,  or  it  may  appoint  a  guardian  ^5|  3^Q  §  2 
ad  litem  with  power  to  give  or  withhold  consent. 

1864,  213,  §  3.  P.  S.  148,  §  5.  137  Mass.  346. 

1876,  213,  §  6.  115  Mass.  262.  183  Mass.  406. 

SECTION  6.    If  the  court  is  satisfied  of  the  identity  and  ^^Indits 
relations  of  the  persons,  and  that  the  petitioner  is  of  suffi-  wsifm, 
cient  ability  to  bring  up  the  child  and  provide  suitable  G.5s.7'iio, 
support  and  education  for  it,  and  that  the  child  should  be  i87i,  310, 
adopted,    it   shall    make   a   decree,    by   which,    except   as  18/6,213, 

.  .  .  §§  7,  10. 

regards  succession  to  property,  all  rights,  duties  and  other  P-0S^148- 1 6- 
legal  consequences  of  the  natural  relation  of  child  and 
parent  shall  thereafter  exist  between  the  child  and  the 
petitioner  and  his  kindred,  and  shall,  except  as  regards 
marriage,  incest  or  cohabitation,  terminate  between  the 
child  so  adopted  and  his  natural  parents  and  kindred  or 
any  previous  adopting  parent;  but  such  decree  shall  not 
place  the  adopting  parent  or  adopted  child  in  any  relation 
to  any  person,  except  each  other,  different  from  that  before 
existing  as  regards  marriage,  rape,  incest  or  other  sexual 
crime  committed  by  either  or  both.  The  court  may  also 
decree  such  change  of  name  as  the  petitioner  may  request. 
If  the  person  so  adopted  is  of  full  age,  he  shall  not  be  freed 
by  such  decree  from  the  obligations  imposed  by  the  provi- 
sions of  section  ten  of  chapter  eighty-one. 

SECTION  7.    A  person  who  is  adopted  in  accordance  with  ^h[;!dofchild 
the  provisions  of  this  chapter  shall  take  the  same  share  of  sf0jftoucces~ 
the  property  which  the  adopting  parent  could  dispose  of  FgsiTsal,'  §  e. 
by  will  as  he  would  have  taken  if  born  to  such  parent  in  ish.'sio.'i  s.' 
lawful  wedlock,  and  he  shall  stand  in  regard  to  the  legal  P.  s.  ui,  §  7. 

144  Mass.  441. 

descendants,  but  to  no  other  of  the  kindred  of  such  adopt-  HS  Mass.  ei9. 

r        153  Mass.  525. 

ing  parent,  in  the  same  position  as  if  so  born  to  him.  If  ||J3  Mass.  406. 
the  person  adopted  dies  intestate,  his  property  acquired  by 
himself  or  by  gift  or  inheritance  from  his  adopting  parent 
or  from  the  kindred  of  such  parent  shall  be  distributed 
according  to  the  provisions  of  chapters  one  hundred  and 
thirty-three  and  one  hundred  and  forty  among  the  persons 


276 


MANUAL  OF  LAWS. 


[Cn.  154. 


Rights  of 
adopted 
child  under 
wills,  trusts, 
etc. 

1876,  213,  J  9. 
P.  S.  148,  §  8. 
115  Mass.  262. 
144  Mass.  441. 
194  Mass.  545. 


—  in  this 
commonwealth 
of  a  child 
adopted  in 
another  state. 
1876,  213,  §  11. 
P.  S.  148,  §  9. 
129  Mass.  243. 


Effect  of 

second 

adoption. 


who  would  have  been  his  kindred  if  he  had  been  born  to 
his  adopting  parent  in  lawful  wedlock;  and  property 
received  by  gift  or  inheritance  from  his  natural  parents  or 
kindred  shall  be  distributed  in  the  same  manner  as  if  no 
act  of  adoption  had  taken  place.  The  apportionment  and 
distribution  shall  be  ascertained  by  the  court.  A  person 
shall  not  by  adoption  lose  his  right  to  inherit  from  his 
natural  parents  or  kindred.1 

SECTION  8.  The  word  "child",  or  its  equivalent,  in  a 
grant,  trust-settlement,  entail,  devise  or  bequest  shall 
include  a  child  adopted  by  the  settlor,  grantor  or  testator, 
unless  the  contrary  plainly  appears  by  the  terms  of  the 
instrument;  but  if  the  settlor,  grantor  or  testator  is  not 
himself  the  adopting  parent,  the  child  by  adoption  shall 
not  have,  under  such  instrument,  the  rights  of  a  child  born 
in  lawful  wredlock  to  the  adopting  parent,  unless  it  plainly 
appears  to  have  been  the  intention  of  the  settlor,  grantor 
or  testator  to  include  an  adopted  child. 

SECTION  9.  An  inhabitant  of  another  state,  adopted  as 
a  child  in  accordance  with  the  laws  thereof,  shall  upon 
proof  of  such  fact  be  entitled  in  this  commonwealth  to  the 
same  rights  of  succession  to  property  as  he  would  have  had 
in  the  state  in  which  he  was  adopted,  except  so  far  as  such 
rights  are  in  conflict  with  the  provisions  of  this  chapter. 

SECTION  10.  If  the  child  has  been  previously  adopted, 
all  the  legal  consequences  of  the  former  decree  shall,  upon 

1  Under  the  provisions  of  §  7,  it  is  only  as  to  the  adopting  parents  and  their  legal 
descendants  that  an  adoptive  child  acquires  the  rights  of  a  child  born  to  those  parents 
in  lawful  wedlock.  Gammons  v.  Gammons  (1912),  212  Mass.  454.  Consequently, 
under  a  will  which  contains  certain  bequests  to  a  son  of  the  testator  and  makes  no 
mention  of  a  child  or  issue  of  the  son,  an  adopted  child  of  the  son  takes  nothing  if 
the  son  dies  before  the  testator.  Idem.  In  like  manner  the  adopted  daughter  of  a 
deceased  brother  of  a  testator  cannot  share  in  a  bequest  to  the  heirs  of  the  testator. 
Brown  v.  Wright  (1907),  194  Mass.  540.  Neither  can  such  adoptive  child  take  under 
the  provisions  of  §  8,  unless  it  plainly  appears  to  have  been  the  intention  of  the  testator 
to  include  adopted  children.  WoJcott  v.  Robinson  (1913),  214  Mass.  172.  Because 
of  the  provision  in  §  7  that  "a  person  shall  not  by  adoption  lose  his  right  to  inherit 
from  his  natural  parents  or  kindred",  an  adopted  child,  who  is  at  the  same  time  grand- 
son of  the  adopting  father,  cannot,  under  the  provisions  of  that  section,  inherit  the 
property  of  his  grandfather  in  a  twofold  capacity  as  his  son  and  as  his  grandson.  Delano 
v.  Bruerton  (1889),  148  Mass.  619. 


Cn.154.]  ADOPTION  OF  CHILDREN.  277 

a  subsequent  adoption,  determine,  except  so  far  as  any  ip|  213,  §  is. 
interest  in  property  may  have  vested  in  the  adopted  child, 
and  a  decree  to  that  effect  shall  be  entered  on  the  records 
of  the  court. 
.  SECTION  11.     The  supreme  judicial  court  may  allow  a  APPeais. 

1851,  324,  §  8. 

parent,  who,  upon  a  petition  for  adoption,  had  no  personal  *|5|  6^0$ 2- 
notice  of  the  proceedings  before  the  decree,  to  appeal  there-  \lft  l£0  §  10 
from  within  one  year  after  actual  notice  thereof,  if  he  first  p7|'.  nl,  §  n'. 
makes  oath  that  he  was  not,  at  the  time  of  filing  such 
petition,  undergoing  imprisonment  as  specified  in  section 
three  or  that,  if  so  imprisoned,  he  has  since  been  pardoned 
on   the   ground    of   innocence    or   has    had   his    sentence 
reversed. 

CHANGE  OF  NAMES. 
SECTION  12.     A  petition  for  the  change  of  name  of  a  Petitions  for 

change  of 

person  may  be  heard  by  the  probate  court  in  the  county  in  ^e-256  §  1 
which  the  petitioner  resides.    No  change  of  the  name  of  a  (f^s.^io, 
person,  except  upon  the  adoption  of  a  child  under  the  pro-  f>§ "'  ilit  §  12. 
visions  of  this  chapter  or  upon  the  marriage  or  divorce  of  a 
woman,  shall  be  lawful  unless  made  by  said  court  for  a 
sufficient  reason  consistent  with  public  interests  and  satis- 
factory to  it. 

SECTION  13.    The  court  shall,  before  decreeing  a  change  Notice  and 

certificate. 

of  name,  require  public  notice  of  the  petition  to  be  given,  ^  256,  §^ 
and  any  person  may  be  heard  thereon.     It  shall  also  re-  p-  s- 148>  & 13- 
quire  public  notice  to  be  given  of  the  change  decreed,  and 
on  return  of  proof  thereof  may  grant  a  certificate,  under 
the  seal  of  the  court,  of  the  name  which  the  person  is  to 
bear  and  which  shall  thereafter  be  his  legal  name. 

SECTION  14.    Each  register  of  probate  shall  annuallv,  in  Annual  return 

of  changes. 

December,  make  a  return  to  the  secretary  of  the  common-  i|51^  ^  §§4j4 
wealth  of  all  changes  of  names  made  in  the  court  of  which  fggf;^8' §  u' 
he  is  register. 


278  MANUAL  OF  LAWS.  [CH.225. 


OF    OFFICERS   AND    INMATES    OF    STATE   INSTI- 
TUTIONS. 

R.  L.  CHAPTER  225. 

OF    THE    OFFICERS    AND    INMATES    OF   PENAL   AND 
REFORMATORY  INSTITUTIONS,  AND  OF  PARDONS. 

Accounting  SECTION  56.     [Amended  by  1914,   669,   infra.]     The  receipts  from  the 

and'iMwment      labor  of  prisoners  in  the  state  prison,  the  Massachusetts  reformatory,  the 
of  expenses.         reformatory  prison  for  women  and  the  state  farm  shall  be  paid  into  the 
1874*  385*  §  23      treasury  of  the  commonwealth  monthly,  and  the  receipts  from  the  labor 
P.  S.  221,  §  59.     of  prisoners  in  a  jail  or  house  of  correction  shall  be  paid  into  the  county 
treasury  monthly,  and  so  much  thereof  as  is  necessary  to  pay  the  expense 
|§  10,  11.    _         of  maintaining  the  industries  in  said  institutions  shall  be  expended  there- 
'       '      '       from  for  that  purpose;   but  not  until  schedules  of  such  expenses  have  been 
sworn  to  by  the  warden  or  superintendent  and  approved  by  the  prison 
commissioners.     Receipts  from  any  one  of  the  institutions  shall  be  applied 
to  paying  the  bills  of  that  institution  only.    The  warden  or  superintendent 
of  the  state  prison,    Massachusetts  reformatory,   reformatory  prison  for 
women  or  state  farm  shall,  as  often  as  he  has  in  his  possession  money  to 
the  amount  of  ten  thousand  dollars  which  he  has  received  under  the  pro- 
visions of  the  thirteen  preceding  sections,  pay  it  into  the  treasury  of  the 
commonwealth,  and  the  master  or  keeper  of  a  jail  or  house  of  correction 
shall,  as  often  as  he  has  in  his  possession  such  money  to  the  amount  of 
five  thousand  dollars,  pay  it  into  the  county  treasury. 

[1914,  669.] 

AN  ACT  RELATIVE  TO  RECEIPTS  FROM  THE  LABOR  OF 
PRISONERS  IN  THE  STATE  PRISON,  THE  MASSACHUSETTS 
REFORMATORY,  THE  REFORMATORY  FOR  WOMEN  AND 
THE  STATE  FARM. 

5n£id2ed' §  56'  SECTION  1.  Section  fifty-six  of  chapter  two  hundred  and 
twenty-five  of  the  Revised  Laws  is  hereby  amended  by 
inserting  after  the  word  "commissioners",  in  the  tenth 
line,  the  words:  —  Whenever  in  the  opinion  of  the  auditor 
of  the  commonwealth  the  accumulated  funds  in  the  treas- 
ury of  the  commonwealth  from  the  receipts  from  the  labor 
of  prisoners  in  the  state  prison,  the  Massachusetts  reforma- 
tory, the  reformatory  for  women  and  the  state  farm, 
exceed  the  sums  necessary  to  pay  the  expense  of  maintain- 
ing the  industries  by  which  they  were  produced,  the 
auditor  of  the  commonwealth  shall  direct  that  the  surplus 


lo' 


CH.225.]     OF  OFFICERS  AND   INMATES,   ETC,  279 

be  transferred  from  these  accounts  and  used  for  the  sup- 
port of  the  several  institutions  wherein  the  industries  are 
maintained,  —  so  as  to  read  as  follows  :  —  Section  56.  Accounting 

lor  receipts 

The  receipts  from  the  labor  of  prisoners  in  the  state  prison,  and  payment 

of  expenses. 

the  Massachusetts  reformatory,  the  reformatory  prison  for  }|jw,  303,  1  2., 
women  and  the  state  farm  shall  be  paid  into  the  treasury  fg'sf  '  Us' 
of  the  commonwealth  monthly,  and  the  receipts  from  the  ^flo,4?!7; 
labor  of  prisoners  in  a  jail  or  house  of  correction  shall  be  R.^L.^ 
paid  into  the  county  treasury  monthly,  and  so  much 
thereof  as  is  necessary  to  pay  the  expense  of  maintaining 
the  industries  in  said  institutions  shall  be  expended  there- 
from for  that  purpose;  but  not  until  schedules  of  such 
expenses  have  been  sworn  to  by  the  warden  or  superin- 
tendent and  approved  by  the  prison  commissioners.  When- 
ever in  the  opinion  of  the  auditor  of  the  commonwealth 
the  accumulated  funds  in  the  treasury  of  the  common- 
wealth from  the  receipts  from  the  labor  of  prisoners  in  the 
state  prison,  the  Massachusetts  reformatory,  the  reforma- 
tory for  women  and  the  state  farm,  exceed  the  sums  neces- 
sary to  pay  the  expense  of  maintaining  the  industries  by 
which  they  were  produced,  the  auditor  of  the  common- 
wealth shall  direct  that  the  surplus  be  transferred  from 
these  accounts  and  used  for  the  support  of  the  several 
institutions  wherein  the  industries  are  maintained.  Re- 
ceipts from  any  one  of  the  institutions  shall  be  applied  to 
paying  the  bills  of  that  institution  only.  The  warden  or 
superintendent  of  the  state  prison,  Massachusetts  reforma- 
tory, reformatory  prison  for  women  or  state  farm  shall,  as 
often  as  he  has  in  his  possession  money  to  the  amount  of 
ten  thousand  dollars  which  he  has  received  under  the  pro- 
visions of  the  thirteen  preceding  sections,  pay  it  into  the 
treasury  of  the  commonwealth,  and  the  master  or  keeper 
of  a  jail  or  house  of  correction  shall,  as  often  as  he  has  in 
his  possession  such  money  to  the  amount  of  five  thousand 
dollars,  pay  it  into  the  county  treasury. 

SECTION  2.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  15,  1914- 


280 


MANUAL  OF  LAWS. 


[Cn.  225. 


Locked  letter 
box. 

1878,  276. 

1879,  294,  &  12. 
P.  S.  222,  §  7. 


Exercise  of 
religious 
belief,  etc. 
1834,  151,  §  16. 
R.  S.  143,  §  40. 
G.  S.  178,  §  40. 
1875,  126, 
§5  1.  2. 
1879,  158, 
§J  1.  2. 
P.  S.  222, 
§§  8,  9. 


R.  L.  225,  §  72, 
amended. 


PRIVILEGES. 

SECTION  71.  Every  inmate  of  a  penal  or  reformatory  in- 
stitution shall  be  allowed  to  write  letters  to  the  principal 
officer  or  to  any  member  of  the  supervising  board  thereof. 
A  locked  letter  box,  accessible  to  the  inmates,  shall  be 
placed  in  each  institution,  in  which  they  may  deposit  such 
letters,  and  such  letters  shall  be  duly  delivered  according 
to  the  address  thereon.  The  keys  of  the  boxes  in  the 
state  prison,  in  the  Massachusetts  reformatory  and  in  the 
reformatory  prison  for  women  shall  be  kept  by  the  com- 
missioners, and  of  those  in  each  of  the  other  institutions 
by  the  principal  officer  thereof. 

SECTION  72.  [Amended  by  1904,  363,  §  /,  infra.]  An  inmate  of  any 
prison  or  other  place  of  confinement  or  public  charitable  or  reformatory 
institution  shall  not  be  denied  the  free  exercise  of  his  religious  belief  and 
the  liberty  of  worshipping  God  according  to  the  dictates  of  his  conscience, 
in  the  place  where  he  is  confined;  and  he  may,  in  illness,  upon  request  to 
the  warden,  keeper  or  master,  receive  the  visits  of  any  clergyman  whom 
he  may  wish.  The  officers  and  boards  of  officers  who  have  the  manage- 
ment and  direction  of  such  institutions  shall  make  such  regulations  as 
may  be  necessary  to  carry  out  the  intent  and  provisions  of  this  section. 
The  provisions  of  this  section  shall  not  be  so  construed  as  to  impair  the 
discipline  of  any  such  institution,  so  far  as  may  be  needful  for  the  good 
government  and  safe  custody  of  its  inmates,  nor  prevent  the  assembling 
of  all  the  inmates  in  the  chapel  thereof  for  such  general  religious  instruction, 
including  the  reading  of  the  Bible,  as  the  board  having  charge  of  the  insti- 
tution considers  expedient. 

[1904,  363,  §  L] 

AN    ACT    RELATIVE    TO     THE     RELIGIOUS     INSTRUCTION     OF 
PRISONERS  AND  OF  CHILDREN  BOUND  OUT  IN  FAMILIES. 

SECTION  1.  Section  seventy-twro  of  chapter  two  hundred 
and  twenty-five  of  the  Revised  Laws  is  hereby  amended 
by  inserting  after  the  word  "confined",  in  the  fifth  line, 
the  words:  —  and  he  shall  not  be  required  to  attend  any 
other  service  or  religious  instruction  other  than  that  of  his 
own  religious  belief:  provided,  that  religious  services  and 
instructions  of  his  own  belief  are  regularly  held  at  the 
institution,  —  and  by  inserting  before  the  word  "in",  in 
the  thirteenth  line,  the  words :  —  who  do  not  attend  a 


Cn.225.]    OF  OFFICERS  AND  INMATES,  ETC.  281 

regularly  held  religious  service  of  their  own  belief,  —  so 
as  to  read  as  follows :  —  Section  72.  An  inmate  of  any  Religious 
prison  or  other  place  of  confinement  or  public  charitable  prisons,  etc. 
or  reformatory  institution  shall  not  be  denied  the  free 
exercise  of  his  religious  belief  and  the  liberty  of  wor- 
shipping God  according  to  the  dictates  of  his  conscience, 
in  the  place  where  he  is  confined;  and  he  shall  not  be 
required  to  attend  any  other  service  or  religious  instruc- 
tion other  than  that  of  his  own  religious  belief:  provided,  Proviso. 
that  religious  services  and  instructions  of  his  own  belief 
are  regularly  held  at  the  institution;  and  he  may,  in 
illness,  upon  request  to  the  warden,  keeper  or  master, 
receive  the  visits  of  any  clergyman  whom  he  may  wish. 
The  officers  and  boards  of  officers  who  have  the  man- 
agement and  direction  of  such  institutions  shall  make 
such  regulations  as  may  be  necessary  to  carry  out  the 
intent  and  provisions  of  this  section.  The  provisions  of 
this  section  shall  not  be  so  construed  as  to  impair  the 
discipline  of  any  such  institution,  so  far  as  may  be  needful 
for  the  good  government  and  safe  custody  of  its  inmates, 
nor  prevent  the  assembling  of  all  the  inmates,  who  do  not 
attend  a  regularly  held  religious  service  of  their  own 
belief,  in  the  chapel  thereof  for  such  general  religious 
instruction,  including  the  reading  of  the  Bible,  as  the 
board  having  charge  of  the  institution  considers  expedient. 
[Approved  May  23,  1904. 

[1912,  562.] 

AN   ACT   EELATIVE   TO    THE   FREE   EXERCISE    OF    RELIGIOUS 
BELIEFS  BY   INMATES   OF  STATE   INSTITUTIONS. 

The  boards  having  charge  of  any  prison  or  other  place  of  Exercise  of 
confinement  or  public  charitable  or  reformatory  institution  beliefs  by 

in-  •  "  a        inmates  of 

shall  include  as  a  separate  item  in  their  annual  requests  for  state  institu- 

*  tions. 

appropriations  such  sums  of  money  as  they  may  think 
proper  to  carry  out  the  provisions  of  section  seventy- two 
of  chapter  two  hundred  and  twenty-five  of  the  Revised 
Laws,  as  amended  by  section  one  of  chapter  three  hundred 


282  MANUAL  OF  LAWS.  [Cn.225. 

and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  four,  of  section  seventy-three  of  said  chapter  two 
hundred  and  twenty-five,  and  of  chapter  four  hundred  and 
sixty-four  of  the  acts  of  the  year  nineteen  hundred  and  five, 
relating  to  the  free  exercise  of  their  religious  beliefs  by 
inmates  of  such  institutions  and  to  the  religious  instruc- 
tion of  inmates  of  the  state  prison.  The  amounts  appro- 
priated and  spent  for  said  purposes  shall  appear  as  a 
separate  item  in  the  reports  of  said  boards.  [Approved 
May  4,  1912. 

REMOVALS. 

From  state  SECTION  81.     [Amended  by  1915,   184,  Gen.,  infra.]     They  [the  prison 

«tate>Ifarm  commissioners]  may,  with  the  consent  of  the  governor  and  council,  remove 

1890,  180,  §  1.       an  aged  or  infirm  prisoner  in  the  state  prison  to  the  state  farm,  and  may 
at  any  time  return  him  to  the  state  prison. 

[1915,  184,  GEN.] 

AN  ACT  RELATIVE  TO  THE  TRANSFER  OF  INFIRM  PRISONERS. 
R  L.,ch.  225,        Chapter  two  hundred  and  twentv-five  of  the  Revised 

§  81,  amended. 

Laws  is  hereby  amended  by  striking  out  section  eighty-one 
Prison  com-       and  inserting  in  place  thereof  the  following:  —  Section  81. 

missioners  may  . 

transfer  certain  They  mav,  with  the  consent  or  the  governor  and  council, 

prisoners,  etc. 

remove  to  the  state  farm  a  prisoner  in  the  state  prison  who 
is  aged  or  who  is  infirm  in  body  or  mind,  and  may  at  any 
time  return  him  to  the  state  prison.  [Approved  April  19, 
1915. 


From  re-  SECTION  82.    Thev  mav  remove  a  prisoner  in  the  ref  orm- 

formatory 

™menf°r         atory  prison  for  women  to  the  state  farm  or  to  a  jail  or 
p.7|.  219',  §  5.     house  of  correction,  or,  if  she  has  been  transferred  to  said 
prison  from  the  industrial  school  for  girls,  to  the  state  farm 
or  to  a  house  of  correction. 

SECTION  83.    They  may  remove  a  prisoner  in  the  Massa- 
r-12    chusetts  reformatory  to  the  state  farm  or  to  any  jail  or 
1887, 292,  §  i.      house  of  correction. 


CH.225.]    OF  OFFICERS  AND  INMATES,  ETC.  283 

SECTION  84.     They  may  remove  a  sentenced  male  pris-  From  state 
oner  from  the  state  farm  to  the  Massachusetts  reforma-  Ma^aohusetta 
tory,  and  may  at  any  time  return  him  to  the  state  farm,  isss,  35,  §  2.' 

SECTION  85.     Thev  mav,  upon  the  application  of  the  — 1°  h°«se  of 

correction. 

trustees  of  the  state  hospital  and  the  state  farm,  remove  a  189°- 278-  §  *• 
sentenced  prisoner  from  the  state  farm  to  any  house  of 
correction  in  the  county  in  which  he  was  convicted,  and 
may,  upon  like  application,  return  him  to  the  state  farm. 
SECTION  86.    They  mav  remove  a  sentenced  female  pris — toreforma- 

.  *°ry  Prison  for 

oner  at  the  state  farm  to  the  reformatory  prison  for  78^e2ng-4  4 
women,  and  she  shall  there  serve  the  remainder  of  her  p- s- 219>  & 5- 
term  of  sentence. 

SECTION  87.     They  may,  upon  the  application  of  the  From  Lyman 
trustees  or  board  in  charge  of  the  Lyman  and  industrial  boys,  etc. 

1884   255   §  13 

schools,  of  the  house  of  employment  and  reformation  for  isoi]  m,  359. 
juvenile  offenders  established  in  the  city  of  Boston,  or  of 
any  other  reform  school  established  under  authority  of  any 
general  or  special  act,  remove  to  the  Massachusetts  re- 
formatory a  boy  who  is  confined  in  any  of  said  schools 
upon  a  sentence  for  crime,  and  may  at  any  time,  upon  like 
application,  return  him  to  the  school  from  which  he  was 
transferred. 

SECTION  88.     They  may,  upon  the  application  of  the  From  in- 

i    .      i  111  dustrial  school 

trustees  of  the  Lyman  and  industrial  schools,  remove  to  f°Lpris. 

looU,  L().\   §  o. 

the  reformatory  prison  for  women  any  girl  who  was  com-  p-  s- 89>  & 47- 
mitted  for  a  crime  to  the  industrial  school  for  girls,  and, 
upon  like  application,  may  return  her  to  the  industrial 
school  for  girls. 

SECTION  94.     They  may  remove  a  prisoner  in  a  jail  or  From  jaii  or 

.  house  of 

house  ot  correction  to  the  state  farm,  and  mav  at  any  correction  to 

17     state  farm. 

time  return  him  to  the  place  of  imprisonment  from  which  j^g'^Vg 
he  was  removed.  i885,35,§i.  isog,  203,  §1.  195  Mass.  45.  P.  8.219,  §e. 

SECTION  108.     [Superseded  by  190S,  354,   infra.]     The  expense  of  the  Expense  of 
removal  of  a  prisoner  to  or  from  the  Massachusetts  reformatory  or  from  ^|210^!;  „ 

lorU,  o/U,   §  0. 

the  reformatory  prison  for  women  to  the  state  farm  or  to  a  jail  or  house  1874,  385,  §  18. 
of  correction,  or  from  the  state  farm  to  the  Massachusetts  reformatory  or  iql^'s2!^'  *' 
reformatory  prison  for  women,  or  from  the  state  farm  to  a  house  of  correc-  isso,  120,  §  4. 


284 


MANUAL  OF  LAWS. 


[Cn.  225. 


P.  S.  219, 
§§  9,  10. 

1884,  255,  §  18. 

1885,  35,  §  2. 
1890,  278,  §  4. 

1894,  214,  §  3. 

1895,  273. 


tion,  or  of  the  removal  of  a  sick  prisoner  from  a  jail  or  house  of  correction 
to  the  state  farm  or  his  return  therefrom,  shall  be  paid  from  the  treasury 
of  the  commonwealth,  and  shall,  before  payment,  be  approved  by  the 
prison  commissioners.  The  expense  of  the  removal  of  a  prisoner  from  one 
jail  or  house  of  correction  to  another,  or  from  a  jail  or  house  of  correction 
to  the  reformatory  prison  for  women,  shall  be  paid  by  the  county  from 
which  such  prisoner  is  removed. 


R.  L.  225, 
§  108, 
amended. 


Payment  of 
expense  of 
removing 
prisoners. 


The  prison 
commissioners 
to  approve 
bills  for  ex- 
pense of 
removing 
prisoners. 


[1903,  354.] 

AN  ACT  RELATIVE   TO   THE   EXPENSE   OF   REMOVING 
PRISONERS. 

SECTION  1.  Section  one  hundred  and  eight  of  chapter 
two  hundred  and  twenty-five  of  the  Revised  Lawrs  is 
hereby  amended  by  striking  out  the  whole  of  said  section 
and  inserting  in  place  thereof  the  following:  —  Section  108. 
The  expense  of  removing  prisoners  from  one  jail  or  house 
of  correction  to  another  shall  be  paid  by  the  county  from 
which  the  prisoner  is  removed.  The  expense  of  removing 
prisoners  from  jails  and  houses  of  correction  to  any  of  the 
state  institutions,  or  from  any  of  the  state  institutions  to  a 
jail  or  house  of  correction,  shall  be  paid  from  the  treasury 
of  the  commonwealth  after  approval  by  the  prison  com- 
missioners. 

SECTION  2.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  15,  1903. 

[1906,  324.] 

AN    ACT    RELATIVE    TO    THE    EXPENSE    OF    REMOVING 
PRISONERS. 

SECTION  1.  The  expense  of  removing  a  prisoner  to  or 
from  a  state  institution  by  order  of  the  prison  commis- 
sioners shall  be  paid  upon  bills  approved  by  said  com- 
missioners, out  of  the  appropriation  for  the  removal  of 
prisoners,  except  that  wrhen  a  removal  is  made  at  the  re- 
quest of  the  trustees  of  any  institution,  or  upon  the  certificate 
of  a  prison  physician  on  account  of  illness,  the  expense 
thereof  shall  be  borne  by  the  institution  from  which  the 
prisoner  is  removed.  The  expense  of  removing  a  prisoner 


CH.225.]     OF  OFFICERS  AND  INMATES,  ETC.  285 

to  the  state  asylum  for  insane  criminals  or  to  a  state  in- 
sane hospital,  shall  be  paid  by  the  prison  from  which  the 
prisoner  is  removed. 

SECTION  2.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  April  28,  1906. 


SECTION  111.    The  expense  of  supporting  a  state  prison  Expense  of 

i  i  •  i  support. 

convict  who  is  committed  to  a  state  insane  hospital  shall  1876, 96,  §  2. 

1879,  294,  §  6. 

be  paid  by  the  commonwealth.     The  expense  of  support-  f88f  •  f^9- 1 /• 
ing  a  prisoner  who  is  removed  from  a  jail  or  house  of  \l$  ^  |  £• 
correction  to  the  state  farm  shall  be  paid  into  the  treasury  IffV^s'.  \j?' 
of  the  commonwealth  by  the  county  from  which  he  is 
removed,  and  the  amount  thereof  shall  be  determined  by 
the  state  board  of  charity.     The  expense  of  supporting  a 
sick  prisoner  who  is  removed  to  the  state  farm  under  the 
provisions    of    section    ninety-five,    not    exceeding    three 
dollars  and  twenty-five  cents  a  week,  shall  be  paid  by  the 
county  from  which  he  is  removed. 

SECTION  120.     [Amended  by  1909,  132,  §  2,  infra.]     If  it  appears  to  the  Permit  to 
state  board  of  charity  that  a  person  who  has  been  imprisoned  for  drunken-  ^f80,^1  for 
ness  at  the  state  farm  has  reformed,  or  if  it  appears  to  the  county  com-  drunkenness, 
missioners,  or,  in  the  county  of  Suffolk  to  the  penal  institutions  commis-  047%^' 
sioner  of  the  city  of  Boston,  that  a  person  who  has  been  imprisoned  for  P.  S.  220,  §  68. 
drunkenness  in  a  jail,  house  of  correction  or  other  place  of  confinement  has  Jl™1  jlj-  .  ^ 
reformed,  they  may  issue  to  him  a  permit  to  be  at  liberty  during  the  re-  1898,'  443|  §  2. 
mainder  of  his  term  of  sentence. 

[1909,  132,  §§  2,  3.] 

AN   ACT   RELATIVE   TO   ISSUING   PERMITS    TO    PRISONERS   TO 
BE  AT  LIBERTY. 

SECTION  2.     Section  one  hundred  and  twenty  of  said  R.  L-  225, 

§  120, 

chapter  two  hundred  and  twenty-five  is  hereby  amended  amended. 
by  inserting  after  the  word  "confinement",  in  the  sixth 
and  seventh  lines,  the  words :  —  for  a  term  or  for  non- 
payment of  a  fine,  —  so  as  to  read  as  follows :  —  Section 


286 


MANUAL  OF  LAWS. 


[Cn.  225. 


Permit  to 
persons  im- 
prisoned for 
drunkenness. 


120.  If  it  appears  to  the  state  board  of  charity  that  a  per- 
son who  has  been  imprisoned  for  drunkenness  at  the  state 
farm  has  reformed,  or  if  it  appears  to  the  county  commis- 
sioners, or,  in  the  county  of  Suffolk  to  the  penal  institu- 
tions commissioner  of  the  city  of  Boston,  that  a  person 
who  has  been  imprisoned  for  drunkenness  in  a  jail,  house 
of  correction  or  other  place  of  confinement,  for  a  term  or 
for  non-payment  of  a  fine,  has  reformed,  they  may  issue 
to  him  a  permit  to  be  at  liberty  during  the  remainder  of 
his  term  of  sentence. 

SECTION  3.    This  act  shall  take  effect  upon  its  passage. 
[Approved  March  3,  1909. 


Discharge 
from  state 
farm. 

1876,  96,  §  1. 
1879,  294,  §  5. 
P.  S.  219,  §  6. 
1887,  292,  §  2. 
1890,  278,  §  2. 
1899,  263,  §  2. 


Discharge 
on  Saturday 
if  term  ends 
on  Sunday. 


Sick  prisoner 
to  be  cared  for 
in  prison  after 
expiration  of 
sentence. 
1853,  388. 
G.  S.  71, 
§§  40-42. 
1864,  169. 
1874,  170,  §  1. 
P.  S.  222,  §  25. 


SECTION  122.  The  state  board  of  charity  shall  have  the 
same  power  to  discharge  a  person  who  has  been  removed 
from  a  jail  or  house  of  correction  to  the  state  farm  or  from 
the  state  farm  to  a  house  of  correction  as  it  would  have  to 
release  him  from  the  state  farm  if  he  had  been  originally 
sentenced  thereto,  and  shall  have  the  same  authority  to 
release  a  prisoner  who  has  been  removed  thereto  from  the 
Massachusetts  reformatory  as  the  prison  commissioners 
would  have  to  release  him  from  said  reformatory. 

SECTION  130.  A  prisoner  whose  term  expires  on  Sunday 
shall  be  discharged  on  the  preceding  Saturday. 

1864,  194,  §  1.  P.  S.  222,  §  24. 

SECTION  131.  A  prisoner,  who  at  the  expiration  of  his 
sentence,  is  in  such  condition  from  bodily  infirmity  or 
disease  as  to  render  his  removal  impracticable  shall  be 
suitably  cared  for  in  the  prison  or  other  place  of  confine- 
ment until  he  is  in  a  condition  to  be  removed.  The  ex- 
pense of  his  support,  not  exceeding  three  dollars  and  fifty 
cents  a  week,  shall  be  paid  by  the  city  or  town  in  which 
he  has  a  legal  settlement,  after  notice  to  the  overseers 
thereof,  or,  if  he  is  a  state  pauper,  to  the  state  board  of 
charity,  of  the  expiration  of  his  sentence  and  of  his 
condition. 


INDICES. 


INDEX  TO  STATUTES. 


REVISED  LAWS. 


Chapter  12 

30 

44 

46 

75 

80 

81 

82 

83 

84 

85 

86 

88 

125 

145 

154 

225 


Chapter  213 
474 
544 


Chapter  188 
231 
233 
308 
330 
334 
354 
355 
402 


Chapter  159 
163 
216 
220 
274 
278 
302 
356 


ACTS  OF  1902. 


ACTS  OF  1903. 


ACTS  OF  1904. 


PAGE 

ACTS  OF  1904  —  Con. 

PAGE 

4 

Chapter  363  .... 

182,  280 

6 

395  . 

.   52 

12 

446  . 

.  228 

.   22 

459  . 

.  180 

42 

54 

ACTS  OF  1905. 

63 

Chapter  115  . 

.   81 

.   88 

128  . 

.  232 

.   98 

159  . 

.  234 

.  127 

162  . 

.   11 

.  143 

175  . 

.  236 

.  169 

211  . 

.  129 

.  234 

258  . 

.  158 

.  253 

269  . 

.  101 

.  258 

285  . 

.   64 

.  270 

303  . 

65,66 

.  278 

320  . 

12 

344  . 

11,  75 

345  .... 

.   91 

.   46 

348  . 

7 

.  259 

355  .... 

.  158 

.  271 

375  . 

17 

464  . 

.  117 

474  . 

.  251 

.  154 

ACTS  OF  1906. 

.   134 

Chapter  148  . 

.   22 

.   146 

324  . 

.  284 

.   34 

341  . 

.  137 

25,  27,  29,  35 

365  .... 

.   43 

.  112 

383  .... 

13 

.  284 

389  .    .    .    . 

.   26 

.   71 

407  . 

.  188 

.  135 

413  .... 

.  189 

452  . 

.  264 

489  . 

.  198 

.   89 

501  . 

.  118 

.260 

.  156 

ACT*  OF  1907. 

25,  27,  29,  31 

Chapter  137  . 

.  201 

6 

158  .... 

.  197 

.  157 

183  . 

.   47 

.  271 

194  . 

.   23 

.  116 

195  .        .    . 

.  202 

290 


INDEX. 


ACTS  OF  1907  —  Con. 

PAGE 

ACTS  OF  1911.       PAGE 

Chapter  222  .... 

.  237 

Chapter  104 

.160 

224  . 

.  208 

147 

.    .    .    .    .265 

271  . 

.  137 

154 

133 

335  . 

.  215 

175 

116 

362  . 

.  203 

194 

.  •  .    .    .217 

386  .... 

.   47 

264 

52 

405  . 

.  272 

265 

218 

411  . 

.  202 

268 

18 

474  . 

.  238 

396 

235 

480  . 

.   45 

456 

121 

520  . 

.  138 

489 

181 

490 

.   106,  110 

ACTS  OF  190S. 

500 

102 

Chapter  75  . 

.  266 

566 

218 

103  . 

.   23 

576 

250 

286  .... 

121,  204 

595 

220 

465  . 

.  204 

597 

247 

470  .... 

.  159 

605 

214 

532  . 

.  242 

669 

58 

533  . 

.  245 

555  . 

.  148 

ACTS  OF  1912. 

598  . 

.  127 

Chapter  17 

243 

637  . 

.  207 

151 

.248 

639  . 

.  209 

165 

126 

187 

196 

ACTS  OF  1909. 

331 

72 

Chapter  98  . 
132  . 

.  150 

.  285 

468 
530 

237 
167 

180  . 

.  118 

552 

36 

181  . 

.  112 

562 

281 

208  . 

.  130 

637 

.  249 

250  . 

.  253 

711 

37 

255  . 

.  160 

ACTS  OF  1913. 

292  
378  . 

.   86 
.  235 

Chapter  73 

82 

252 
135 

379  . 

.  141 

112 

66 

380  . 

.   48 

266 

60 

391  . 

.   53 

404 

.  217 

414  . 

.  247 

457 

.  225 

472  . 

.  213 

471 

225 

497  . 

.  230 

563 

93 

504  .    .     160,  162, 

261,  262 

763 

83 

514  . 

.  215 

779 

.  14,  19,  23,  26,  28,  29,  30,  32, 

35,  38,  215 

ACTS  OF  1910. 

796 

.  224 

Chapter  181  .. 

.  255 

797 

.   149 

198  . 

.  244 

412  . 

.   86 

ACTS  OF  1914. 

452  . 

5 

Chapter  207 

f'14 

491  . 

.  245 

272 

126 

569  . 

51 

323 

62 

635  . 

.  166 

358 

.  168 

INDEX. 


291 


ACTS  OF  1914  —  Con. 

PAGE 

ACTS  OF 

Chapter  370  . 

3 

Chapter  14  (Ger.) 

408  . 

.  250 

53  (Gen.) 

520  . 

.  124 

73  (Gen.) 

558  . 

.   162 

81  (Gen.) 

580  . 

.  216 

113  (Gen.) 

606  . 

.  141 

122  (Gen.) 

662  . 

.  140 

136  (Gen.) 

669  . 

.  278 

163  (Gen.) 

738  . 

.   39 

184  (Gen.) 

762  . 

.  225 

1915. 


PAGE 

142 
274 
163 

15 
226 

41 
168 

87 
282 


TABLE  OF  CASES  CITED  IN  THE  NOTES  TO  THIS  VOLUME. 


Abbott,  Bassett  v.    . 
Acker,  Commonwealth  v. 
Acton,  Boston  v. 
Aldrich  v.  Blackstone 
Allen,  Brookfield  v. 
Allen,  Stearns  ». 
Ashby  v.  Lunenburg 
Athol,  Winthrop  v.  . 
Auburn,  Worcester  v. 

Bacon  r.  Harrington 
Barre,  Worcester  v. 
Bassett  v.  Abbott     . 
Bemis  v.  Leonard     . 
Bentley,  Canton  v.  . 
Berkley  v.  Taunton 
Biggani  r.  Ross 
Billerica  v.  Chelmsford 
Blackstone,  Aldrich  v. 
Bolton,  Leonard  v.  . 
Boston  v.  Acton 
Boston,  Charlestown  v. 
Boston,  Curran  ».    . 
Boston,  Phillips  v.    . 
Boston,  Somerville  v. 
Boston  v.  Warwick  . 
Bowers  v.  Wood 
Bradford  v.  Worcester 
Braintree,  Williams  v. 
Bridge  water  v.  Plymouth 
Bridgewater  v.  Wareham 
Brogan,  Noonan  v.  . 
Brookfield  v.  Allen  . 
Brookfield  v.  North  Brookfield 
Brookfield  ».  Warren 
Brown,  Jennings  v.  . 
Brown  v.  Wright 
Bruce,  Manning  v.  . 
Bruerton,  Delano  v. 
Buckland  v.  Charlemont  . 
Burleigh,  Richardson  ?>.    . 
Burrill,  Connelly  r. 

Canton  v.  Bentley   . 
Carver  v.  Taunton  . 


PAGE 

PAGE 

.       88 

Charlemont,  Buckland  r. 

54 

.     118 

Charlcstown  v.  Boston 

54 

.       78 

Charlestown  v.  Groveland 

57 

.       63 

Chelmsford,  Billerica  v.     . 

55 

.       67 

Chicopee  r.  Whately 

55 

.     274 

Clark  v.  Clark           .... 

55 

.       69 

Clark,  Lydia,  Commonwealth  v. 

96 

.       69 

Cole,  Commonwealth  v.    . 

96 

.       57 

Colrain,  Petersham  v. 

78 

Colrain,  Smith  v. 

63 

.       94 

Commonwealth  v.  Acker  . 

118 

.       57 

Commonwealth  v.  Lydia  Clark 

96 

.       88 

Commonwealth  v.  Cole 

96 

.       70 

Commonwealth  v.  Dee 

111 

.       57 

Commonwealth  v.  Johnson 

100 

.       57 

Connelly  v.  Burrill  .... 

88 

.       95 

Grossman  v.  New  Bedford  Institution 

.       55 

for  Savings  ..... 

67 

.       63 

Curran  v.  Boston     .... 

6 

.       94 

.       78 

Davis  v.  McGraw     .... 

270 

.       54 

Davis  v.  Sylvester    .... 

95 

6 

Dedham  v.  Milton   .... 

57 

54,55 

Dedham  v.  Natick   .... 

54 

.       55 

Dee,  Commonwealth  v.     . 

111 

.       56 

Delano  v.  Bruerton 

276 

.       94 

.       54 

East  Sudbury  v.  Sudbury           .           63 

,69 

.       77 

Eddy  v.  Gray           .... 

89 

.       56 

Edgartown,  Mashpee  v.    . 

78 

.       54 

Essex,  Wenham  v.    . 

70 

.       89 

.       67 

Fairhaven  v.  Rowland 

67 

.       78 

Fall  River  v.  Taunton 

56 

57,67 

Fanning,  Sayles  v.    . 

88 

.       95 

Faruham  v.  Pierce   .... 

111 

.     276 

Fiske,  Lyman  v. 

55 

.       44 

Franklin  v.  Fuller    .... 

79 

.     276 

Frink,  Millis  v.         .          .          .          .6 

,67 

.       54 

Fuller,  Franklin  v.    . 

79 

.       89 

.       88 

Gammons  v.  Gammons 

276 

Gibbons,  Great  Barrington  v.    . 

80 

.       57 

Gould  ».  Lawrence  .... 

63 

.       78 

Granville  v.  Southampton          .          56 

78 

294 


INDEX. 


PAGE 

Gray,  Eddy  v 89 

Great  Harrington  v.  Gibbons  .  .  80 
Great  Barrington  v.  Tyringham  .  54 
Groveland,  Charlestown  v.  .57 

Gundaway,  Prince  ti.  95 

Hammond,  Livingston  v.  67 

Hampden,  Palmer  v.  .  .  .69 
Hanover  v.  Turner  ....  69 
Hanson,  Hawes  v.  .  .  .  .77 
Harpswell,  Topsham  v.  .  .78 

Harrington,  Bacon  v.  .          .94 

Haskius,  Reed  v.  .          .          .94 

Hatfield,  Whately  v.          .          .  57, 78 

Haverhill  v.  Marlborough  .  44,  47 

Hawes  v.  Hanson  .  .  .  .77 
Hawes  v.  Justice  .  .  .  .89 
Hemenway  v.  Towner  ...  89 

Hill  ».  Wells 88 

Hingham,  New  Bedford  v.  .  .78 
Howland,  Fairhaven  v.  .  .67 

Hatchings  v.  Thompson    .          .  64,  67 

Ireland  v.  Newburyport    ...         6 

Jamrock,  Purinton  v.  114,  270,  272,  273 
Jennings ».  Brown  .  .  .  .95 
Johnson,  Commonwealth  v.  .  .  100 
Jones,  Sabin  v.  ....  89 
Justice,  Hawes «...  .  .89 


Kelley,  petitioner     . 
Kelly,  Sullivan  v. 
Kennedy  v.  Shea 
Kirchgassner  r.  Rodick     . 

Lancaster,  Reed  v.  . 
Lawrence,  Gould  v. 
Lawrence  v.  Methuen 
Lee  v.  Lenox   . 
Lenox,  Lee  v. 
Leonard,  Bemis  v.    . 
Leonard  v.  Bolton    . 
Livingston  v.  Hammond  . 
Ludlow,  Wilbraham  v. 
Lunenburg,  Ash  by  v. 
Lynian  v.  Fiske 

Manning  v.  Bruce    . 
Marlborough,  Haverhill  v. 
Mashpee  v.  Edgartown     . 
McDavitt,  Mulhern  v. 
McGraw,  Davis  ».    . 


.  Ill 

.  89 

.  88 

.  67 

6 

.  63 
.  58 
.  55 
.  55 
.  70 
.  94 
67 

.  55 
.  69 
.  55 

.  44 
44,47 
.  78 
.  67 
270 


PAGE 

Mendon,  Rutland  v.  .  .  .55 
Meredith ».  Wall  .  .  .  .  94 
Methuen,  Lawrence  v.  .  .58 

Middleboro  ».  Rochester  ...  54 
Middleborough,  Taunton  v.  .57 

Milford  v.  Uxbridge  ...       56 

Milford,  Wareham  v.  .          .57 

Millis  v.  Frink  .  .  .  .  6, 67 
Milton,  Dedham  v.  ...  57 

Monson  v.  Palmer  .          .          .54 

Mulhern  v.  McDavitt       ...       67 

Natick,  Dedham  v.  ...       54 

New  Bedford  r.  Hingham  .          .       78 

New  Bedford  Institution  for  Savings, 

Grossman  -c.  .  .  .  .67 
Newburyport,  Ireland  v.  .  .  .  6 
Noonan  v.  Brogan  .  .  .  .89 
Northampton,  O'Keefe  v.  .  .  77 

Northampton  v.  Plainfield  .  .  69 
Northbridge,  Upton  v.  .  .54 

North  Brookfield,  Brookfield  v.  .       78 

Northfield  v.  Taunton  ...  78 
Noyes,  Tracy  v.  .  .  .94 

Oakham  v.  Warwick  .  .  .57 
O'Keefe  v.  Northampton  .  .  77 
Otis,  Sheffield  v 56 

Palmer  v.  Hampden  ...       69 

Palmer,  Monson  v.  .          .          .          .54 

Peabody,  Smith  v 63 

Petersham  v.  Colrain  .  .  .78 
Phelps  v.  Westford  ....  77 
Phillips  v.  Boston  .  .  .  54,  55 

Pierce,  Farnham  v.  .  .  .  .111 
Plainfield,  Northampton  v.  .69 

Plymouth,  Bridgewater  v.  .  .56 
Prince  v.  Gundaway  ...  95 
Purinton  v.  Jamrock  114,  270,  272,  273 

Rawson  v.  Uxbridge  ...  77 
Reed  v.  Haskins  ....  94 
Reed  v.  Lancaster  ....  6 
Rehoboth,  Seekonk  v.  .  .70 

Richardson  e.  Burleigh      .  89 

Robinson,  Wolcott  v.  276 

Rochester,  Middleboro  v.  .          .       54 

Rochester,  Shelburne  v.  .  .  .  78 
Rodick,  Kirchgassner  v.  .  .  .  67 
Ross,  Biggani  v.  .  .  .95 

Rutland  v.  Mendon  .  .       55 


INDEX. 


295 


PAGE 

Sabin  v.  Jones  .  .  .  .89 

Sayles  T>.  Fanning  .  .  .  .88 
Schramm  v.  Stephan  ...  94 
Seekonk  o.  Rehoboth  ...  70 
Shea,  Kennedy  v.  .  .88 

Shearer  v.  Shelburne  .  .  .61 
Sheffield  v.  Otis  .  .  .  56 

Shelburne  v.  Rochester  ...  78 
Shelburne,  Shearer  v.  .  .64 

Shrewsbury  v.  Worcester  .          .       57 

Smith  v.  Colrain  .  .  .  .03 
Smith  v.  Peabody  ,  .  .63 

Somerville  v.  Boston  .  .  .  55 
Southampton,  Granville  v.  .  56,  78 

Southbridge,  Walker  o.  .  .  .  77 
Stearns  v.  Allen  ....  274 
Stephari,  Scbramm  v.  .  .94 

Stratton,  Templeton  v.  .          .67 

Sturbridge  v.  Winslow  .  .  .79 
Sudbury,  East  Sudbury  v.  .  63,  69 

Sullivan  v.  Kelly  ....  89 
Sylvester,  Davis  v.  .  .  .  .95 

Talbot,  Taunton  v.  .  .  .6,67 

Taunton,  Berkley  v.  .  .  .57 

Taunton,  Carver  v.  .78 

Taunton,  Fall  River  v.  .  .56 

Taunton  v.  Middleborough  .  .       57 

Taunton,  Northfield  v.  .  .  .78 

Taunton  v.  Talbot  .  .  .  .  6,  67 

Taunton  v.  Wareham  ...       55 

Templeton  v.  Stratton  ...       67 

Thompson,  Hutchings  v.  .  .  64,  67 

Topsham  v.  Harpswell  .  78 

Towner,  Hemenway  v.  .  .89 

Tracy  i\  Noyes         .  .  .  .94 


PAGE 

Turner,  Hanover  v.  ...       69 

Tyringham,  Great  Barrington  -o.          .       54 

Upton  v.  Northbridge  .          .  .       54 

Uxbridge,  Milford  v.  .          .  .56 

Uxbridge,  Rawson  v.  .  .77 

Uxbridge,  Webster  v.  70 

Walker  v.  Southbridge  .          .          .77 

Wall,  Meredith  v.     .  .          .          .94 

W'areham,  Bridgewater  p.           .          .       54 

Wareham  v.  Milford  ...       57 

Wareham,  Taunton  v.  .          .55 

Wares,  petitioner     .  .          .          .111 

Warren,  Brookfield  v.  .          .           57, 67 

Warwick,  Boston  v.  ...       56 

Warwick,  Oakham  v.  .          .57 

Washburn  v.  White  .          .          .54 

Webster  v.  Uxbridge  .          .          .70 

Wells,  Hill  v 8S 

Wenham  v.  Essex     .  .          .          .70 

Westford,  Phelps  v.  ...       77 

Whately,  Chicopee  v.  .          .55 

Whately  v.  Hatfield  .          .           57, 78 

White,  Washburn  v.  54 

Wilbraham  v.  Ludlow  .          .          .55 
Williams  v.  Braintree    .    .          .          .77 

Winslow,  Sturbridge  v.  .          .       79 
Winthrop  v.  Athol   ....       69 

Wolcott  v.  Robinson  .          .          .     276 

Wood,  Bowers  v.  .          .          .94 

Worcester  v.  Auburn  .           .           .57 

Worcester  v.  Barre  .  .          .          .57 

Worcester,  Bradford  v.  .          .54 

Worcester,  Shrewsbury  v.           .          .       57 

Wright,  Brown  v.  .          .          .     27 Q 


INDEX  OF  SUBJECT-MATTER. 


A 

•£*••  PAGE 

Abandoned  children,  care  of        ..........     108 

Abandonment  of  infants     ..........       100,  102 

Able-bodied  in  almshouses,  to  work     .........       10 

Adjudication,  children  becoming  seventeen  pending       ......     202 

Administrators,  suits  against       .          .          .          .          .          .          .          .          .          .     265 

Adoption,  of  infants  ...........     102 

consent  not  required,  when  ..........     272 

decree,  effect  of  ...........     275 

illegitimacy  not  to  be  expressly  averred          .......     271 

notice  of  petition         ...........     274 

of  children  ............     270 

rights  of  child  in  succession  to  property          .          .          .  .          .          .     275 

second,  effect  of  ...........     277 

who  may  petition  for  leave  .........     270 

wills,  trusts,  etc.,  rights  of  child  under  .......     276 

written  consent,  of  whom  required         .......       270,  271 

Advances  from  the  treasury  to  disbursing  officers  ......         3 

Age  and  schooling  certificates  for  inmates  of  I.yman  and  Industrial  schools      .          .     208 
Almshouses  and  workhouses        ..........         6 

directors  and  masters  of       ..........         7 

discontinuance  of,  provided  for     .          .          .          .          .          .          .          .          .11 

inmates  to  be  employed        ..........       10 

joint  .............         8 

location  of          ............         7 

preparation  of  plans    .          .          .          .          .          .          .          .          .          .          .11 

register,  master  to  keep        .          .  .......       10 

tramps  and  vagrants  in  .          .          .          .          .          .          .          .          .7,11 

visitation  by  State  Board  of  Charity     ........     132 

Annual  report  of  State  Board  of  Charity      ........     128 

Appeal,  in  bastardy  cases  ...........       94 

in  juvenile  cases  ...........     179 

in  cases  of  neglected  children        .          .          .          .          .          .          .          .          .115 

notice  of  right  of  .          .          .          .          .          .          .          .          .116 

Arrest,  release  of  certain  minors  after  .          .          .          .          .          .          .121,  204 

Attendance  officers,  duties  of      ..........       38 

B. 

Bail  in  juvenile  cases          .          .          .          .          .          .          .          .          .          .          .175 

Bastard  children,  maintenance  of         ........  SS,  93 

Bequests,  charitable,  State  Board  to  be  notified  of         ...  .  142 

Binding  out  boys  and  girls  from  State  training  schools  .....     183 


298  INDEX. 


PAGE 

Boarding  houses  for  infants,  defined    ...'...'....       98 

must  be  licensed          .          ....          .          .          .          .          .          .          .98 

records  to  be  kept       ...........       99 

Boards  of  health,  local,  duties  of          .........       43 

Boston  Juvenile  Court        .          .          .          .          .          .          .          .          .          .          .     198 

cases  to  be  heard  in  chambers      .          .          .          .          .          .          .          .          .     199 

children  becoming  seventeen  pending  adjudication  .....     202 

jurisdiction 198, 201 

parents  may  be  summoned,  when          ..  •       .          .          .          .          .          .          .     202 

powers  in  certain  cases         .          .  •   .          .          .          .          .          .          .     202 

probation  officers        .         .         .         ,         .         .         .         .         .         .          .     199 

Boston  Parental  School  abolished        .........       39 

Boys  and  girls,  unfit  for  State  training  schools,  sentence  of    .          .          .          .          .     178 

warrants  to  apprehend          .          .          .          .          .          .          .          .          .          .174 

Bridgewater.     See  "State  Farm.". 

Bridgewater  State  Hospital,  support  of  State  charges  in          .....     161 

Burial  of  indigent  strangers         ..........       70 

c. 

Capias  to  compel  attendance  in  juvenile  cases,  when  issued    .....     203 

Care  of  delinquent  children         .          .          .          .          .          .          .          .          .          .194 

Cells  for  solitary  confinement  in  juvenile  reformatories  forbidden  .          .          .          .218 

Certificates,  age  and  schooling,  for  inmates  of  industrial  schools     ....     208 

employment,  to  minors,  how  issued        ........     216 

Change  of  name,  annual  return  of        .........     277 

Charitable  corporations,  private  .........     253 

private,  to  report  to  State  Board  of  Charity  .......     136 

private,  to  be  inspected  annually  by  State  Board  of  Charity    .          .          .          .141 

taxation,  exemption  from     ..........         4 

Charitable  funds,  registers  to  notify  State  Board  of  instruments  creating,  when         .     142 
Charitable  institutions  may  place  out  children      .......       76 

Charitable  societies,  private,  to  report  to  State  Board  if  aided  by  public  money        .     135 

Charity.     See  "State  Board  of  Charity." 

Child,  delinquent,  commitment  of        .........     194 

delinquent,  care  and  maintenance  of     ........     194 

Children,  adoption  of  (sec  "Adoption")        ........     270 

aid  to  mothers  with  dependent     .........       83 

appeal  in  neglect  cases          .          .          .          .          .          .          .          .          .          .115 

bastard,  care  of  ...........       96 

becoming  seventeen  pending  adjudication      .......     202 

cases  against,  continuances  in       .........     225 

conveyance  in  patrol  wagons  prohibited ,  when        ......     126 

criminal  proceedings  not  to  be  begun  against,  when         .....     195 

custody  of  overseers  of  the  poor,  may  be  committed  to,  when  .          .          .114 

dependent,  State  Board  may  receive  in  certain  cases        .          .          .          .          .110 

deserted,  custody  of    ...........     109 

destitute  and  abandoned      ..........     108 

duties  of  State  Board  of  Charity  concerning  ......     107 

failure  to  support  parent  punishable      ........       87 

guardianship  of.     See  "Guardianship." 

illegitimate,  maintenance  of  ........  88,  93 

Massachusetts  Hospital  School,  support  of,  at         .          .          .          .          .          .     230 

minor,  custody  of        ...........     260 


299 

PAGE 

Children,  neglected,  commitment  of    .          .          .          .          .          .          .         110,  112,  114 

of  insane  ward,  support  of   ..........     267 

over  fourteen,  may  be  committed  to  jail,  when       ......     193 

parents  to  be  told  whereabouts,  when   ........     109 

pauper,  to  be  placed  in  families    ........  65,  66 

pauper,  State  Board  to  place  in  families,  when        ......       65 

pauper,  care  of  ...........         98,  106 

placed  out  by  charitable  institutions     .          .          .          .          .          .          .          .76 

placed  out  by  public  agencies,  to  be  visited  by  State  Board     ....     187 

private  homes,  to  be  placed  in  .          .          .          .          .          .          .          .116 

probation  officers  for,  authorized  ........     207 

placed  out,  State  Board  may  cancel  indenture,  when       .....     187 

religious  instruction  of,  placed  in  families       .......     182 

school  attendance        .          .          .          .          .          .          .          .          .          .          .15 

under  fourteen,  commitment  to  lockup,  etc.,  forbidden   .....     190 

under  fourteen  may  be  received  from  parents  by  the  Massachusetts  Society  for 
the  Prevention  of  Cruelty  to  Children         .......     108 

under  seven,  care  of    ...........     107 

young,  commitment  of,  limited     .          .          .          .          .          .          .          .          .176 

Cities,  venereal  diseases,  may  establish  separate  wards  for      .....       44 

Cities  and  towns,  claims  against  the  State,  how  audited          .....     152 

distress,  to  relieve  persons  in         .........       63 

hospitals,  may  establish        ..........       75 

isolation  hospitals,  maintenance  of,  by  .......     248 

paupers,  State  Board  of  Charity  to  visit        .......       64 

reimbursement  by  State  in  dangerous  disease  cases  .....       49 

reports  of,  not  to  contain  names  of  persons  aided   ......       86 

sick  persons,  care  of,  by  .          .          .          .          .          .          .          .          .     149 

State  Infirmary,  may  send  paupers  to,  when  .          .  ...     146 

State  Infirmary,  liable  for  support  of  settled  paupers  in  ....     151 

subsidies  in  tuberculosis  cases,  to  receive        .......     249 

tuberculosis  dispensaries  standardized  ........     250 

unsettled  persons,  to  aid  in  first  instance       .......       73 

Citizens  of  United  States  to  have  preference  in  admittance  to  Rutland  State  Sana- 
torium  .........'....     237 

Commission  on  Probation,  appointment,  etc.         .......     204 

annual  report      ............     206 

deputy  commissioner,  etc.    ..........     204 

officers  to  make  detailed  reports  .........     205 

powers  and  duties        ...........     205 

supervision  of  probation  work       .          .          .          .  .          .          .          .     197 

Commissioners,  fees  of,  in  juvenile  cases       ........     180 

Commitment,  to  county  training  schools      .......  26,  28 

of  defective  delinquents        ..........     223 

of  delinquent  child      ...........     194 

of  dipsomaniacs  ...........     163 

of  juvenile  offenders    ..........       173,  178 

of  neglected  children   .          .          .          .          .          .          .          .          .         110,  112,  114 

to  Industrial  School  for  Boys         .          .          .          .          .          .          .          .          .210 

to  Industrial  School  for  Girls         ...  .....     177 

to  Lyman  School          ....  .  ...       176,  180 

to  State  Infirmary,  of  insane  persons     .          .          .          .          .          .          .          .157 

to  State  training  schools,  return  of,  to  be  made  to  Superior  Court  .          .          .     186 


300  INDEX. 

PAGE 

Commitment,  to  Suffolk  School  for  Boys      .          .          .          .          ...  .     »          .          .40 

of  vagrant  girls  .          .          .          .          .          .          .          ....          .          .          .     178 

of  young  children,  limited    .          .          ...         .          .  .          .          .176 

Commonwealth,  new  fiscal  year  for     ......  ...     129 

Complaints  for  failure  to  support  family       .          .    '     .  •       .          .        . .          .          .     120 

Compulsory  education        ...........       15 

Concord.     See  "Massachusetts  Reformatory." 

Confinement,  solitary,  forbidden  in  juvenile  reformatories,  when     ....     218 

Consent  in  adoption  cases  not  required,  when       .  .          .          .          .          .     272 

Continuances  in  cases  against  children          .          .          .          .          .          .  .     225 

Corporations,  private  charitable  .          .          .          .          .          .          .          .     '     .     253 

Correspondence  between  State  Board  and  inmates  of  State  institutions  provided  for     137 
Corporal  punishment  at  Lyman  School,  regulated          ......     181 

Counties  may  establish  training  schools        .          .  .          .          .          .          .24 

County  training  schools     ...........       24 

commitment  to  ...........  26,  28 

discharges  from  .........  .33 

Hampden  County  to  erect  .          .          .          .          .          .          .          .          .          .41 

order  of  commitment  to,  suspended,  when     .......     225 

parole  from         .          .          .          .          .          .          .          .          .          .          .          .32 

temporary  releases  from,  because  of  illness  in  family        .....       34 

visitation  by  State  Boards  of  Education  and  Charity      .....       25 

Criminal  proceedings  not  to  be  begun  against  child,  when      .....     195 

Custody,  of  deserted  children      .          .          .          .          .          .          .          .          .          .     109 

of  minor  children         ...........     260 

D. 

Dangerous  diseases,  expenses  for  care  of,  by  whom  paid         .....       48 

hospitals  for        ............       43 

jurisdiction  of  local  board  of  health       ........       42 

persons  cared  for  not  to  be  deemed  paupers  .......       48 

reimbursement,  when  claim  for,  forfeited        .......       46 

removals  of  persons  infected  with,  by  State  Board  of  Charity  ...       53 

to  be  reported    ...........  43,  46 

State  Board  of  Health  to  define 47 

State  Infirmary,  cases  not  to  be  sent  to          .......     147 

Dangerous  insane  persons  not  to  be  sent  to  State  Infirmary  .          .  .          .     147 

Decennial  returns  by  overseers  of  the  poor  .          .          .          .          .          .          .          .81 

Deer  Island,  commitment  of  children  under  fourteen  to,  forbidden  .          .          .     191 

Defective  delinquents,  commitment  of          ........     223 

discharge  of 222 

provision  for 220, 224 

Delinquent  child,  commitment  of         .........     194 

continuance  in  cases  against          .........     225 

denned 189 

parents  of,  may  be  punished,  when        ........     196 

restitution,  to  make,  when  ..........     196 

Delinquents,  defective,  provision  for  ........       220,  224 

Dependent  children,  cities  and  towns  to  aid  mothers  with      .....       83 

State  Board  of  Charity  may  receive,  when     .          .          .          .          .          .          .110 

Dependent  mothers'  aid  law        .  ....       83 


INDEX.  301 

PAGE 

Deportation,  of  foreign  paupers            .........  152 

of  insane  paupers         ...........  152 

Deposits,  information  to  public  officers  regarding            ......  82 

information  to  State  Board  of  Charity  regarding    ......  136 

Deserted  children,  custody  of      ..........  109 

Desertion  of  wife  and  minor  children  .........  121 

bail,  how  disposed  of  when  forfeited      ........  124 

defendant  may  be  made  to  labor            ........  125 

disposition  of  funds  for         ..........  122 

dependents  to  receive  payment  for  defendants'  labor  in  institution,  when           .  125 

Destitute  and  abandoned  children,  care  of  .          .          .          .          .          .          .          .  108 

Dipsomaniacs,  appeal  from  order  of  commitment           ......  163 

commitment  of  ............  163 

Disbursing  officers,  advances  from  treasury  to       .......  3 

Discharges,  from  Massachusetts  training  schools,  trustees  may  grant,  when     .          .  226 

from  county  training  schools         .........  33 

Disciplinary  day  schools    ...........  39 

Diseases,  venereal,  cities  to  provide  treatment  for          ......  44 

venereal,  no  discrimination  against        ........  44 

Dispensaries,  tuberculosis,  standardized        ........  250 

District  police  officer,  for  State  Farm,  authorized           ......  159 

special,  for  State  Board  of  Charity,  authorized        ......  104 

Disturbing  penal  institutions,  penalty  for     ........  160 

Drugs,  users  of,  commitment  to  Norfolk  State  Hospital          .....  163 

conveying  to  prisoners  forbidden  .          .          .          .          .          .          .          .158 

E. 

Education,  compulsor3T  (see  "School  Attendance")        ......  15 

State  Board  of,  visitation  of  county  training  schools        .....  25 

Embezzled  property  of  ward,  recovery  of     ........  269 

Eminent  domain  exercised  by  Trustees  of  Hospitals  for  Consumptives    .          .          .  246 

Employment  certificates,  how  issued  .........  216 

Escape,  from  Massachusetts  training  schools,  rearrest  .....       203,  227 

from  State  Infirmary,  penalty       .          .          .          .          .          .          .          .          .  152 

from  State  Farm,  penalty    ..........  154 

from  State  Farm  of  persons  not  sentenced      .......  155 

Estimates  for  religious  services  at  State  institutions  to  be  made  separately       .          .  281 

Estimates  and  plans  of  institution  improvements,  expenses  for,  how  paid          .          .  140 

Evidence,  disposition  of  delinquent  child  not  to  be  evidence,  when           .          .          .  195 

Executors,  suits  against      ...........  265 

pjxemption  from  taxation  of  charitable  corporations       ......  4 

F. 

False  representation  as  to  support  of  pauper,  penalty  for  .....  79 

Families,  care  of  paupers  in  ..........  64 

pauper  children  cared  for  in          .          .          .          .          .          .          .          .  65, 66 

Feeble-minded,  schools  for,  defective  delinquents  to  be  transferred  from           .          .  221 

Fees  in  juvenile  cases          ...........  180 

Fines,  for  failure  to  support  family,  disposition  of  .  .  .  .  .119,  122 

in  juvenile  cases          ...........  195 


302  INDEX. 

PAGE 

Fiscal  year,  new,  for  the  Commonwealth      .          .          .          .          .          ,          .          .     129 
Foreign  paupers  to  be  deported  .  .         ...  -        .          .          .          .          .     152 

Foundlings,  notice  of  petition  for  adoption  of  .          .          .          .          .     274 

G. 

Girls,  binding  out  by  Trustees  of  Massachusetts  Training  Schools  .          .          .     183 

return  of  warrants  for  commitment       .          .          .          .          .          .          .          .179 

Trustees  of  Massachusetts  Training  Schools  to  act  as  guardian  for,  when  placed 

out .     185 

vagrant,  commitment  of  .          .          .          .          .          .          .          .          .178 

warrants  to  apprehend          .          .          .          .          .          .          .          .          .          .174 

Guardian,  ad  litcm,  appointment  of     ........       264,  269 

appointed  outside  State,  transfer  of  property  of  ward  to,  when         .          .          .     269 
appointment  of  ............     259 

insane  ward,  support  of  children  of        ........     267 

.marriage  of  female  ward,  effect  of          ........     269 

of  spendthrift 266 

personal  property  of  ward,  sale  of          ........     268 

property  of  ward,  recovery  of,  when  embezzled       ......     269 

powers  and  duties  of  ...........     265 

removal  of  ............     263 

resignation  of     ............     263 

suits  against       ............     265 

support  of  ward,  may  compel  parents,  when  ......     267 

support  of  ward,  may  apply  ward's  property  to,  when    .....     267 

temporary,  appointment  of  .........     261 

temporary,  powers  and  duties       .........     263 

testamentary,  appointment  of       .........     260 

Trustees  of  Massachusetts  Training  Schools  may  act  as,  when          .          .          .     227 

H. 

Habitual  absentee,  continuances  in  cases  against  .......     225 

Habitual  truants,  absentees  and  school  offenders  ......       26 

may  be  apprehended  without  a  warrant         .......       39 

Hampden  County  to  erect  training  school    .          .          .          .          .          .          .          .41 

Hampden  County  Children's  Aid  Association        .......     109 

Hospital  Cottages  for  Children,  transfers  to  .......     186 

State  Board  of  Charity,  supervisory  powers  over    ......     226 

Hospital  School  (see  "Massachusetts  Hospital  School")          .....     228 

Hospitals,  cities  and  towns  may  establish     ........       75 

for  consumptives,  loan          .          .          .          .          .          .          .          .          .          .241 

for  Consumptives,  Trustees  of,  name  established    ......     249 

for  contagious  diseases,  by  whom  established  ......       43 

for  contagious  diseases,  location  of         ........       44 

for  insane,  public  support  in,  not  to  pauperize         ......       60 

isolation,  maintained  by  cities  and  towns       .......     248 

lying-in,  to  be  licensed  by  State  Board  of  Charity  ....  51,  52 

tuberculosis,  building  of,  by  cities  and  towns  encouraged          ....     249 

Husband  and  wife  not  to  be  separated  because  of  settlement  ....     150 


INDEX.  303 


.  PAGE 

Illegitimacy  not  to  be  expressly  averred  in  adoption  proceedings     ....     271 

Illegitimate  children,  maintenance  of  .          .          .          .          .          .          .          .  88, 93 

infants,  notice  to  State  Board  of  Charity,  when  taken  to  board         .          .          .     104 
infants,  State  Board  to  care  for  certain  .......     103 

settlement  of      ...........  54, 58 

Illness  in  family,  temporary  release  from  county  training  schools  because  of     .          .34 
Incorporation,  of  private  charities        .........     253 

petitions  for,  State  Board  of  Charity  to  investigate          .....     256 

Indenture  of  minors,  from  State  training  schools  .          .          .          .          .          .       183,  184 

State  Board  of  Charity  may  cancel,  when      .......     187 

Indians,  support  of  poor    ...........     147 

Indigent  and  neglected  children,  care  of  .          .          .          .          .          .          .116 

Industrial  schools,  State     ...........     169 

State,  age  and  schooling  certificates  for  inmates  of  .....     208 

Industrial  school  for  Boys,  Shirley       .........     169 

commitments  to  ..........       210,  214 

Concord  Reformatory,  transfers  to        ........     283 

full,  courts  to  be  notified  when     .          .          .          .          .          .          .          .          .214 

powers  and  duties  of  trustees        .          .          .          .          .          .          .          .          .212 

parole,  release  on  .          .          .          .          .          .          .          .          .          .211 

rules  and  regulations,  trustees  to  establish      .          .          .          .          .          .          .211 

State  Board  of  Charity,  powers  and  duties  of,  regarding  ....     212 

superintendent,  appointment         .........     212 

transfers  to  and  from  .          .          .          .          .          .          .          .          .211, 283 

transfers  to,  by  State  Board  of  Charity          .......     213 

trespassing  upon  grounds  of,  forbidden  .          .          .          .          .          .          .217 

Trustees  of,  appointment  of  .........     209 

Industrial  School  for  Girls,  Lancaster  (see  also  "State  Training  Schools")        .          .     169 
Hospital  Cottages,  transfers  to     .........     186 

deserving  girls,  trustees  may  aid  .          .          .          .          .          .          .          .          .188 

records  of  commitments,  returns  to  Superior  Court          .....     186 

women's  reformatory,  transfers  to          ........     283 

Inebriates,  commitment  of,  to  Norfolk  State  Hospital  ......     163 

Infants,  abandonment  of    ..........       100,  102 

adoption  of  (see  also  "  Adoption ")         ........     102 

boarding,  business  of,  notice  of,  to  State  Department  of  Health        .          .          .     104 
boarding  houses  for,  defined          .........       98 

boarding  houses  to  be  licensed      .........       98 

custody  of.  when  not  settled         .........     105 

illegitimate,  notice  to  State  Board  of  Charity  if  taken  to  board         .          .          .     104 
illegitimate,  State  Board  of  Charity  to  care  for,  when     .....     103 

protection  of  .         .         .          .          .          .          .          .          .          .          .       98 

reception  of,  to  board,  notice  to  State  Board  of  Charity  .          .          .          .99 

under  seven,  care  of    ...........     107 

under  seven,  duties  of  State  Board's  agent     .......     107 

voluntary  surrender  to  State  Board       ........     103 

Information  as  to  deposits  to  be  sent  to  State  Board     ......     136 

Inmates  of  institutions,  correspondence  of,  with  State  Board  of  Charity  .          .     137 

settlement  of  .          .          .          .          .          .          .          .          .     •  .62 

Inmates  of  State  Infirmary,  contracts  for  employment  of       .....     151 


304  INDEX. 

PAGE 

Insane  paupers  may  be  deported          .........  152 

Insane  persons,  act  to  codify  laws  concerning        .          .          .          .          .          .          .160 

commitment  of,  to  State  Infirmary        ........  157 

commitment  of,  service  of  warrant  for  ........  168 

dangerous,  not  to  be  sent  to  State  Infirmary           ......  147 

Insane  wards,  children  of,  support       .........  267 

Institution  improvements,  plans  and  estimates  for,  duties  of  State  Board         .          .  138 

Institutions,  public,  inmates  of,  settlement  ........  62 

State,  officers  and  inmates  of        .........  278 

Inventory,  annual,  of  State  charitable  institutions         .          .          .          »          .   .       .  133 

Investigation,  by  State  Board  of  Charity,  of  petitions  for  incorporation  of  charities  256 

by  State  Board  of  Charity,  of  infants  taken  to  board      .....  100 

Isolation  hospitals,  cities  and  towns  to  maintain  .......  248 

for  smallpox,  etc.         ...........  43 

location  of           ............  44 

J. 

Jail,  commitment  of  juvenile  offenders  to     ........  175 

Jurisdiction  of  Boston  Juvenile  Court  .          .          .          .          .          .          .       198, 201 

Juvenile  cases,  attendance,  capias  to  compel          .......  203 

commissioners,  fees  of,  etc.            .........  180 

evidence,  disposition  of  child  not  to  be,  when          ......  195 

Juvenile  Court  (see  "  Boston  Juvenile  Court  ")     .......  198 

Juvenile  offenders,  appeal 179,  192 

bail 175 

boys  and  girls,  warrants  to  apprehend  ........  174 

commitments  of           ...........  173 

commitment  of,  to  jail          .........       175,  193 

continuances  in  cases  against        .........  225 

criminal  proceedings  not  to  be  begun  against,  when         .....  195 

girls,  complaints  against       ..........  173 

hearing,  court  to  designate  time  for       ........  193 

order  of  commitment  suspended,  when  ........  225 

parents  to  be  summoned      ..........  191 

probation  officers,  investigation  by        ........  193 

proceedings  before  judge,  etc.        .........  175 

release  of  certain,  after  arrest        .........  204 

restitution  to  be  made,  when         .........  196 

sentence,  revision  of    ...........  173 

separate  trial      ............  174 

State  Board,  commitment  to,  on  temporary  mittimus,  when    ....  192 

summons  instead  of  warrant,  when        ........  174 

temporary  mittimus  to  State  Board       ........  192 

witness  fees        ............  197 

Juvenile  probation,  officers  to  make  detailed  report       ......  205 

violation  of  terms        ...........  195 

Juvenile  reformatory  schools,  solitary  confinement  cells  prohibited           .          .          .  218 

K. 

Kindred,  liability  of,  for  support  of  paupers  ......         87,  151 


INDEX.  305 


-J .  PAGE 

Labor  of  prisoners,  receipts  from,  how  disposed    .......     278 

Lancaster.     See  "Industrial  School  for  Girls." 

Legal  settlement  of  paupers         .........  54,  58 

Legislation,  recommendations  of  State  Board  for  ......         5 

Leprosy,  hospital  for,  at  Penikese  Island      ........     251 

persons  afflicted  with,  to  be  State  charges      .......     253 

Licensing  of  infants'  boarding  houses  .........       98 

Locked  letter  box  at  State  institutions          ........     280 

Lying-in  hospitals,  to  be  licensed  by  State  Board  of  Charity  ....       51 

keeping  without  license,  penalty  ........  51,  52 

supervision  of,  by  State  Board  of  Charity      .......       51 

Lyman  School  for  Boys      ...........     180 

age  and  schooling  certificates  for  inmates  of  .          .          .          .          .          .          .     280 

commitments  to  ..........       176,  180 

commitments,  record  of,  to  be  returned  to  Superior  Court        ....     186 

corporal  punishment  at,  regulated          ........     181 

discharges  from  ...........     185 

Rogers  fund        . 172 

State  Board  of  Charity  to  visit  at  least  once  each  month          .          .          .          '.131 
term  of  detention  in    ...........     180 

transfers  to  and  from  ..........     211 

transfers  to  Hospital  Cottages      .........     186 

transfers  to  Massachusetts  Reformatory         .......     283 

transfers  of  inmates  by  State  Board  of  Charity,  when     .....     133 

Trustees  of 169 

M. 

Maintenance  of  illegitimate  children    ........  88,  93"- 

Married  woman,  settlement  of    .          .          .          .          .          .          .          .          .  54, 58- 

Massachusetts  Hospital  School,  established  .......     228- 

State  Board  of  Charity  to  supervise      ........     232" 

support  of  children  at  ..........     230" 

Trustees  of,  powers  and  duties      ........       228,  229' 

Massachusetts  Infant  Asylum,  what  children  placed  with       .....       76> 

disposition  of  infants  when  asylum  is  full       .......     106 

reception  of  unsettled  infants,  notice  of,  to  State  Board  of  Charity  .          .          .     105 

Massachusetts  Reformatory,  defective  delinquents,  provision  for,  at        .          .       220,  224 
order  of  commitment  to,  suspended,  when     .......     225 

transfer  of  prisoners  from  State  Farm  to        .......     282 

transfer  from  Massachusetts  training  schools  ......     226 

Massachusetts  Society  for  the  Prevention  of  Cruelty  to  Children    ....     108 
not  obliged  to  receive  children      .........     109 

Massachusetts  State  sanatoria,  name  established  ......     244 

new,  established  ...........     247 

State  Board  of  Charity  to  supervise       .          .          .          .          .          .          .          .241 

support,  procedure  to  recover  charges  for       .......     243 

Massachusetts  training  schools.     See    "Lyman    School,"    "Industrial    School    for 

Boys,"  "Industrial  School  for  Girls." 
discharges,  trustees  may  grant      .........     226 

escape  from,  rearrest  ..........       203,  227 


306  INDEX. 

PAGK 

Massachusetts  training  schools,  secretary  of,  appointment      .          .          .          .          .219 

transfers,  trustees  may  make         .........     226 

transfer  to  Massachusetts  reformatory  ...          ;          .          .          .          .     283 

trespassing  upon  land  of,  forbidden       .          .          .          .    '      .          .          .          .217 

trustees,  appointment  and  duties  .  .  .  .  :.  .  .  .  218 

Maternity  hospitals.     See  "Lying-in  Hospitals." 

Medical  attendance  on  paupers,  reimbursement  by  State  for  .          .          .          .       86 

Meetings  of  State  Board  of  Charity .          .          .     128 

Minor  children,  desertion  or  non-support  of  .          .          .  .          .          .     121 

failure  to  support,  punishable  ...  .  .  .  .  .  .  .118 

Minor  wards,  State,  protection  of,  in  religious  belief      .          .          .          .          .          .117 

State  Board  may  transfer  to  Industrial  School  for  Boys  .          .          .          .          .213 

State  Board  may  transfer  to  Industrial  School  for  Girls  .....     133 

State  Board  may  transfer  to  Lyman  School  .  .  .  .  .  .  .133 

Minors,  custody  of    ............     260 

employment  of  .          .          .          .          .          .          .          .          .          .          .          .23 

guardianship  of  ...........     258 

parole  of,  from  county  training  schools  .......       32 

probation  of  truants    ...........       30 

release  of  certain,  after  arrest        ........       121,  204 

removal  of,  from  the  State  .          .          .          .          .          .          .          .    •  .77 

school  attendance  of   .          .          .          .          .          .          .          .          .          .          .15 

school  attendance  of,  persons  in  custody  of,  to  compel    .....       40 

support  of,  application  of  child's  property  to  ......     267 

truants  (see  "  County  Training  Schools ")  .  .  .  •  .  .  23,26,28 

tuition  for  schooling  of,  in  place  other  than  residence  .  .  .  .  .21 

Mothers' aid  law  (see  "  Dependent  Mothers  ")      .......       83 

X. 

Name,  change  of        ............     277 

change  of,  annual  return  of  .........     277 

Names  of  persons  aided  not  to  be  printed  in  published  reports        ....       86 

Narcotics,  commitment  of  users  of,  to  Norfolk  State  Hospital         ....     163 

Needy  persons,  certain,  not  to  be  deemed  paupers         ......       60 

Neglected  child,  commitment  of  .......         110,112,114 

continuance  in  cases  against          .........     225 

counsel,  who  may  act  as      ..........     126 

temporary  care  by  cities  and  towns,  reimbursement         .          .          .          .          .117 

New  trial  in  bastardy  cases         ..........       95 

Non-support  of  wife  and  minor  children       .  .....     121 

Norfolk  State  Hospital .  .          .       162,  167 

appeal  from  order  of  commitment  to     ........     163 

supervised  by  State  Board  of  Charity   ........     167 

Trustees  of,  created    .          .          .          .          .          .          .          .          .          .          .168 

voluntary  admission  to  .          .          .          .          .          .          .          .          .165 

Notice  of  right  of  appeal  in  neglected  cases  .......     116 

Notice  to  State  Board  of  Charity  of  infants  received     ......       99 


INDEX.  307 


v.  PAGE 

Offenders,  juvenile     .          .          .          .          .          .          .          .          ...          .          .     169 

truants  and  school       ...........       26 

Officers,  disbursing,  advances  from  treasury  to  .          .          .          .          .          .3 

of  State  Board  of  Charity,  appointment,  etc.  ......     128 

truant 37, 38 

Officers  and  inmates  of  State  institutions     ........     278 

Order  of  commitment  of  juvenile  offenders  suspended,  when  ....     225 

Overseers  of  the  poor,  annual  returns,  to  make,  to  State  Board  of  Charity       .          .       80 
cases,  to  prosecute       ...........       80 

certain  children  may  be  committed  to  custody  of  .          .          .          .          .          .114 

dangerous  disease  cases,  to  yield  jurisdiction  to  Board  of  Health       .          .          .42 
decennial  returns  to  State  Board  of  Charity  .          .          .          .          .          .          .81 

information  as  to  deposits  to  be  given  to        .......       82 

pauper  children,  to  place  in  families      ........       65 

persons  in  distress,  to  aid     ..........       63 

powers  and  duties  with  reference  to  children  .          .          .          .          .          .115 

strangers,  to  provide  relief  for      .........       69 

P. 

Parents,  failure  of  children  to  support,  punishable          ......       87 

of  delinquent  child  may  be  punished,  when    .......     196 

of  juvenile  offender  may  be  summoned,  when          ......     202 

to  be  told  whereabouts  of  children  placed  out,  when         .....     109 

Parole,  of  inmates  of  county  training  schools         .......       32 

of  inmates  of  State  training  schools 170,  182,  183,  211 

of  prisoners  from  the  State  Farm  .          .          .          .          .          .          .          .156 

Patrol  wagon,  children  not  to  be  conve5red  in,  when      ......     126 

Pauper  children,  care  of     ..........         98,  106 

to  be  placed  in  families         .          .          .          .          .          .          .          .          .  65, 66 

Pauper  returns,  decennial,  by  overseers  of  the  poor        ......       81 

Paupers,  city  and  town,  to  be  visited  by  State  Board  of  Charity     .          .          .          .64 

dangerous  disease  cases  not  to  be  deemed      .......       48 

deceased,  estates  of     ...........       79 

foreign,  to  be  deported         ..........     152 

husband  and  wife  not  to  be  separated    ........     150 

in  families,  care  of       ...........       64 

insane,  deportation  of  .          .          .          .          .          .          .          .          .          .152 

insane,  may  be  deported       ..........     152 

names  of,  not  to  be  printed  in  published  town  reports     .....       86 

needy  persons,  certain,  not  to  be  deemed        .......       60 

penalty  for  leaving  where  not  settled     ........       79 

persons  aiding,  liability  of  cities  and  towns  to         ......       77 

reimbursement  to  cities  and  towns  for  medical  attendance  upon       ...       86 
removal  of,  to  place  of  settlement          .          .          .          .          .          .          .  77, 78,  134 

removal  out  of  State  authorized,  when  .......       77 

returns  of,  State  Board  to  prescribe  forms  for         .          .          .          .          .          .131 

settled,  in  institutions,  duties  of  State  Board  .          .          .          .          .          .131 

settlement  of      ...........  54,  58 

settlement,  loss  of        ....  ......       61 


308  INDEX. 

PAGE 

Paupers,  sick,  removal  of,  to  State  Infirmary        .          .          .          .          .          .          .  146 

State,  to  be  visited  annually  by  State  Board  .        - .          .          .          .          .131 

support  of           .............  63 

support,  liability  for  own     ..........  67 

support,  liability  of  kindred  for    .          .          .          ...          .          .          .67 

support,  liability  of  place  of  settlement  after  removal  for          ....  70 

transfer  of,  from  one  institution  to  another    .          .          .          ...          .          .  133 

transportation  of,  to  State  Infirmary,  reimbursement  for          ....  146 

Payments  in  bastardy  cases        .          .         ....          .          .          .          .          .95 

Penal  institutions,  penalty  for  disturbing     ...          .          .          .          .          .  160 

Penalty,  in  bastardy  cases  .          .          ...          .          .          .          .          .95 

for  abandonment  of  infants           .........  102 

Penikese  Hospital      ............  251 

discharge  of  patients  from   ..........  252 

Plans  and  estimates  of  institution  improvements,  duties  of  State  Board            .          .  138 

expenses  for,  how  paid         ..........  140 

Plummer  Farm  School,  exemption  from  commitment  of  truants     ....  26 

order  of  commitment  to,  suspended,  when      .          .          .          .          .          .          .  225 

Poor  Indians,  support  of     ...........  147 

Preliminary  plans  of  institution  improvements  to  be  submitted  to  State  Board           .  138 

Prison  and  hospital  loan,  to  apply  to  Industrial  School  for  Boys      ....  212 

to  apply  to  Massachusetts  Hospital  School     .......  233 

Prison  Camp,  Rutland,  established      .          .          .          .          .          .          .          .          .158 

Prisoners,  conveying  of  drugs,  etc.,  to,  prohibited           ......  158 

infirm,  transfer  of        ...........  282 

labor  of,  receipts  from          ..........  278 

parole  of,  from  the  State  Farm     .........  156 

religious  instruction  of          ..........  182 

removal  of,  expenses,  how  paid     .........  284 

sick,  caie  of,  support  after  expiration  of  term          ......  286 

Private  charitable  corporations  ..........  253 

change  of  purpose        ...........  257 

to  be  inspected  by  State  Board  of  Charity     .......  141 

to  report  annually  to  State  Board  of  Charity          ......  136 

Private  charities,  incorporation  ..........  253 

Private  homes,  children  to  be  placed  in        .          .          .          .          .          .          .          .116 

Probate,  approval  of  judge  requisite  to  removal  of  minors  out  of  State    ...  77 

Probation  for  truants,  when  authorized         ........  30 

Probation  officer,  authority  in  juvenile  cases         .......  193 

commitment  of  child  under  seventeen  to  jail,  to  be  notified  of           ...  191 

defined 189 

deputy,  authorized      ...........  207 

detailed  report  of  work,  must  make       ........  205 

for  children,  authorized        ..........  207 

of  Boston  Juvenile  Court     ..........  199 

wayward  child,  to  have  care  of,  when   ........  194 

wayward  and  delinquent  children,  to  investigate  cases  of  .          .          .193 

work  to  be  supervised  by  Commission  on  Probation        .....  197 

Probation  (see  "  Commission  on  Probation ")         .......  204 

Probation,  juvenile,  violation  of  terms,  how  punished    ......  195 

release  on,  from  Industrial  School  for  Boys    .          .          .  .  .  .          .211 

Probation  records,  authority  of  courts  to  keep      ...                    .                    .  206 


INDEX.  309 

PAGE 

Probation  cases,  restitution,  how  made  ........  215 

Protection  of  infants 98,  106 

Public  health 42 

Public  institutions,  trespassing  upon  land  of,  forbidden  .  .  .  .  .217 

Public  lodging  houses,  denned  .  .  .  .  .  .  .  .  .  .141 

to  be  inspected  by  State  Board  of  Charity     .          .          .          .          .          .          .141 

Public  poor  relief.  See  "Support  of  Paupers." 

returns  of,  by  overseers  of  the  poor       .          .          .          .          .          .          .  81, 82 

Public  relief,  settlement  of  persons  in  receipt  of  .  .  .  .  .  .  .60 

to  mothers  with  dependent  children      ........       83 

Publication,  of  notice  of  petitions  for  adoption  .......  274 

of  hearing  for  incorporation  of  charities          .......     256 

Punishment,  corporal,  at  Lyman  School,  regulated  ......  181 

E. 

Reception  of  infants  to  board,  notice  to  State  Board  of  Charity       .          .          .          .99 

Recommendations  for  legislation          .........         5 

Records,  probation,  authority  of  courts  to  keep     .......     206 

Reformatory  for  Women,  defective  delinquents,  provision  for          .          .          .       220,  224 
receipts  from  labor  of  prisoners  at          ........     278 

transfer  of  prisoners  to  State  Farm,  when       .......     282 

Registers  of  probate  and  deeds  to  notify  of  charitable  bequests,  etc.         .          .          .     142 

Reimbursement,  for  aid  to  mothers  with  dependent  children  ....       85 

for  medical  attendance  on  paupers        ........       86 

for  temporary  care  of  neglected  children        .          .          .          .          .          .          .117 

for  tuition  of  children  .          .          .          .          .          .          .          .          .          .21 

in  dangerous  disease  cases    ..........       49 

Relief,  settlement  of  persons  receiving  public         .......       60 

Religious  belief,  exercise  of,  at  State  institutions  ......       280,  281 

protection  of  State  minor  wards  in  .          .          .  .          .          .117 

Religious  instruction  of  prisoners  and  of  children  in  families  .....     182 

Religious  services,  items  for,  to  be  set  out  specially  in  estimates     ....     281 

Removal  of  paupers,  outside  the  State,  authorized,  when        .....       77 

of  paupers  to  place  of  settlement  by  city  or  town  ......       77 

of  paupers  to  place  of  settlement  by  State  Board  of  Charity    ....     134 

of  sick  paupers  to  State  Infirmary         ........     146 

Reparation  in  probation  cases,  how  made     ........     215 

Report  of  State  Board  of  Charity,  annual    ........     128 

Reports  of  cities  and  towns  not  to  contain  names  of  paupers  .          .          .          .86 

Residence,  six  months',  requisite  to  admittance  to  Rutland  State  Sanatorium  .          .     237 
Resident  physician  at  State  Infirmary,  duties        .......     145 

Restitution,  in  juvenile  cases,  to  be  made,  when  .......     196 

in  probation  cases,  how  made        .          .          .          .          .          .          .          .          .215 

Returns,  decennial,  by  overseers  of  the  poor          .          .          .          .          .          .          .81 

of  poor  persons  aided  locally,  State  Board  to  prepare  forms  for        .          .          .     131 
semiannual,  by  overseers  of  the  poor     ........       82 

Right  of  appeal,  in  neglect  cases          .          .          .          .          .          .          .          .          .115 

notice  of,  in  neglect  cases     .          .          .          .          .          .          .          .          .          .116 

Rogers  fund  at  Lyman  School     .          .          .          .          .          .          .          .          .          .172 

Rutland  State  Sanatorium  (see  "Trustees  Hospitals  for  Consumptives")          .          .     234 
admission  of  patients  confined  to  citizens       .......     237 


310  INDEX. 

PAGE 

Rutland  State  Sanatorium,  established         ........     234 

support  of  inmates  at  ..........     235 

Trustees  of,  powers  and  duties     ........       234,  236 

s. 

Sanatoria,  State  tuberculosis       ..........     234 

Saturday,  discharge  of  prisoners  from  State  Farm  when  term  ends  Sunday       .          .     286 
Savings  banks,  information  to  public  officers  as  to  deposits    ....         82,  136 

School  attendance     ............       15 

attendance  officers       ...........       38 

in  place  other  than  residence         .........       21 

tuition  for,  in  place  other  than  residence         .......       21 

School  offenders,  continuances  in  cases  against      .......     225 

truants,  etc.  (see  "Truants")        .........       26 

Schools,  disciplinary  day    ...........       39 

Second  adoption,  effect  of  ..........     277 

Second  commitment  to  State  training  schools        .......     178 

Segregation  of  tramps  and  vagrants  in  almshouses         ......         7 

Semiannual  returns  by  overseers  of  the  poor          .......       82 

Sentences  to  State  Farm    .          .          .          .          .          .          .          .          .          .          .155 

Services,  religious,  at  State  institutions        .          .          .          .          .          .          ...     280 

religious,  estimates  for,  to  be  set  out  separately      .          .          .          .          .          .281 

Settled  paupers  in  State  institutions,  duties  of  State  Board    .....     131 

Settlement,  legal 58 

aid  to  persons  without          ..........       72 

how  acquired      ...........  54,  58 

how  lost    .............       61 

of  inmates  of  institutions     ..........       62 

of  persons  while  receiving  relief    .          .    ™    .          .          .          .          .          .          .60 

removal  to  place  of     ..........  77,  78 

Sherborn.     See  "Reformatory  for  Women." 

Shirley,  State  Industrial  School  for  Boys  at  .......     209 

Sick  paupers,  removal  of,  to  State  Infirmary         ...  ...     146 

Sick  persons  cared  for  by  cities  and  towns,  reimbursement      .....     149 

Sick  prisoners,  support  after  expiration  of  term     .......     286 

Smallpox  cases,  not  to  be  sent  to  State  Infirmary  ......     147 

isolation  hospitals  for,  who  to  establish          .......       43 

Solitary  confinement,  cells  for,  in  training  schools,  forbidden  .....     218 

Special  district  police  officer  for  State  Board  of  Charity          ....       104,  157 

Spendthrift,  property  of,  under  guardianship         .......     266 

St.  Mary's  Infant  Asylum,  what  children  placed  with   ......       76 

disposition  of  infants  when  institution  is  full  ......     106 

notice  to  State  Board  of  Charity  of  reception  of  unsettled  infants     .          .          .     105 

State  Board  of  Charity 127 

aid  to  mothers  with  dependent  children,  to  supervise       .....       83 

almshouse  plans,  to  advise  overseers  regarding        .          .          .          .          .          .11 

almshouses  to  be  inspected  by      .........     132 

almshouse  register,  to  prescribe  form  for        .          .          .          .          .  10 

annual  report,  to  make        ........  .     128 

boarding  houses  for  infants,  to  license  ...... 

charitable  trusts,  etc.,  to  be  notified  when  filed       ......     142 


INDEX.  311 

PAGE 

State  Board  of  Charity,  children,  duties  of,  concerning  ......  107 

children  placed  out  by  public  agencies,  to  visit  all  .          .          .          .          .          .  187 

city  and  town  paupers,  to  visit     .........  64 

correspondence  with  inmates  of  institutions,  provision  for        ....  137 

county  training  schools,  to  visit,  annually      .......  25 

dangerous  diseases,  to  be  notified  of      ........  46 

dangerous  diseases,  may  remove  persons  infected  with    .....  53 

decennial  returns  to,  by  overseers  of  the  poor          ......  81 

dependent  children,  may  receive  from  parents,  etc.          .          .          .          .          .110 

duties  of 127 

established 127 

Hospital  Cottages  for  Children,  powers  of,  with  reference  to    .          .          .          .  225 

illegitimate  children,  to  care  for,  when            .......  103 

Industrial  School  for  Boys,  powers  with  reference  to        .....  212 

Industrial  School  for  Boys,  may  transfer  wards  to  .          .          .          .          .          .213 

Industrial  School  for  Girls,  supervision  ot       .......  128 

infants  under  seven,  care  of           .........  107 

institution  improvements,  to  pass  upon          .......  38 

institution  inmates,  transfer  of,  by         .          .          .          .          .          .          .          .  133 

lying-in  hospitals,  to  license          ........  51,  52 

lying-in  hospitals,  to  supervise      .          .          .          .          .          .          .          .          .51 

Lyman  School  for  Boys,  supervision  of           .......  128 

Massachusetts  Hospital  School,  to  have  general  supervision  of          ...  232 

meetings  of         ............  128 

Norfolk  State  Hospital,  to  have  general  supervision  of    .          .          .          .          .  167 

order  of  commitment  of  child  to,  suspended,  when           .....  225 

pauper  children,  to  place  out  in  families         .......  65 

placing  out  agreements,  to  prescribe  forms  for        ......  76 

private  charitable  corporations,  to  inspect      .......  141 

private  charitable  corporations,  to  investigate,  before  incorporation           .          .  256 

private  charitable  corporations  to  make  annual  returns  to        ....  136 

private  charities  receiving  public  money  to  report  to        .....  135 

private  homes,  to  place  children  in  .          .          .          .          .          .          .116 

receipts  and  expenditures  of  institutions,  to  tabulate  in  report           .          .          .  137 
reception  of  infants,  to  be  notified  of     .          .          .          .          .          .          .          .99 

recommendations  for  legislation    .........  5 

release  of  State  Farm  prisoners,  to  control     .......  156 

sick  aid  rendered  by  cities  and  towns,  to  audit  bills  for  .....  149 

special  district  police  officer  for,  authorized    ......       104,  157 

State  Farm,  to  have  general  supervision  of    .          .          .          .          .          .          .  153 

State  Farm  prisoners,  may  discharge  on  parole       ......  286 

State  Farm  prisoners,  may  remove  when  not  settled        .....  154 

State  tuberculosis  sanatoria,  to  have  general  supervision  of                .          .          .  241 

State  wards,  may  send  to  State  Infirmary  when  sick       .....  186 

temporary  mittimus  to,  in  certain  cases          .......  192 

voluntary  surrender  of  infants  to,  for  care      .......  103 

wayfarers'  lodges,  etc.,  to  inspect           ........  141 

young  children,  powers  of,  with  reference  to  .          .          .          .          .          .          .  177 

State  charges,  Bridgewater  State  Hospital,  care  of,  in    .          .          .          .          .          •  161 

State  Farm 143 

children  under  fourteen,  commitment  of,  to,  forbidden    .....  190 
defective  delinquents,  provision  for,  at  .          .          .          .          .          .          •       220, 224 


312  INDEX. 

PAGE 

State  Farm,  discharges  from        .          ...          .          .          .          .  '       .          .     286 

escape  from,  penalty  .          .          .          .  .          .          .          .          .          .     154 

female  prisoners,  transfer  of          .          .          .          ...          .          .          .     282 

infirm  prisoners,  transfer  of  .          ..         ...          .          .          .          .     282 

jails  and  houses  of  correction,  transfers  from  .          .          .          ...          .          .     283 

labor  of  prisoners,  receipts  from,  in  .          ."          .          .          .          v         .     278 

Massachusetts  Reformatory,  transfer  of  prisoners  to        .          .          .  .     282 

releases  on  parole  from         .          ..        .          .          .          .          .          .          .          .     156 

sentences  to        .          .          .          .          .          ...          .          .          .          .     155 

sick  prisoners,  care  and  support  of         .          .          ......          .          .          .     286 

special  district  police  for,  authorized     .          .          .          .          .          .          .          .159 

State  Board  of  Charity  to  have  general  supervision         .          .          .          .          .153 

superintendent  of,  appointment    ......  .          .     144 

superintendent  of,  duties     ..........     153 

support  of  prisoners  transferred  from  other  institutions  .....     285 

transfer  of  inmates      ...........     144 

transfer  of  paupers  from,  by  State  Board,  when      ......     133 

trespassing  upon  grounds  of,  forbidden  .  .  .  .  .  .  .217 

State  Hospital.     See  "State  Infirmary." 

State  Industrial  School  for  Girls,  Lancaster  .          .          .          .          .          .          .169 

age  and  schooling  certificates  for  inmates  of  .  .  .  .  .  .  .  208 

State  Infirmary          ............     143 

accounts    .............     152 

contracts  for  the  employment  of  inmates       .......     151 

dangerous  disease  cases  not  to  be  sent  to       .......     147 

dangerous  insane  persons  not  to  be  sent  to    .          .          .          .          .          .          .     147 

escape  from,  penalty  ...........      152 

insane  persons,  commitment  to     .........     157 

insane  State  charges  in,  support  of         ........     161 

name  established          .          .          .          .          .          .          .          .          .          .          .160 

removal  of  sick  paupers  to  ..........     146 

resident  physicians,  duties    ..........     145 

settled  paupers  in,  cities  and  towns  liable  for  support  of  .          .          .          .          .     151 

State  Board  of  Charity  to  have  access  to  women's  wards,  etc.  ....     132 

State  Board  may  send  wards  needing  hospital  treatment          .          .          .          .186 

State  Board  to  prescribe  statistical  forms       .          .          .          .          .          .          .132 

State  Board  of  Charity  to  visit  monthly         .          .          .          .          .          .          .131 

transfer  of  inmates      ...........     144 

transportation  of  paupers  to,  reimbursement  of      ......     146 

Trustees,  duties  ...........  151 

State  institutions,  supervised  by  State  Board  of  Charity         .....     127 

expenses  for  plans  and  estimates,  how  paid     .......     140 

improvements,  plans  to  be  passed  upon  by  State  Board  ...  .     138 

inventory  of        ............     133 

officers  and  inmates  of  ..........     278 

plans  approved  not  to  be  altered  without  consent  of  State  Board  of  Charity       .     139 
plans  and  estimates  of  institutions  not  under  supervision,  how  submitted  .          .     140 
plans  of  improvements  to  be  filed  with  State  Board  of  Charity         .          .          .139 
religious  belief,  exercise  of,  in        .          .          .          .          .          .          .          .       280, 281 

transfer  of  inmates  of  .  .  133 


INDEX.  313 

PAGE 

State  minor  wards,  school  attendance  of  .          »          .          .          .          .          .21 

tuition  of  .............       21 

State  training  schools         ...........     169 

binding  out  inmates  of          ..........     183 

commitments  to  ..........       171,  177 

contracts  to  be  in  writing     ..........     172 

discharge  from   ............     185 

funds  of,  trustees  may  expend       .........     186 

officers  of .       170,  171 

record  of  commitments  to  be  returned  to  court       ......     186 

second  commitment  to          ..........     178 

term  of  detention         ...........     180 

transfers  to  Hospital  Cottages      .........     186 

trespassing  upon  land  of,  forbidden        ........     217 

trust  funds,  disposition  of    ..........     189 

Trustees,  duties  of 170 

visitation  of 176,  180 

State  tuberculosis  sanatoria         ..........     234 

names  established        ...........     244 

State  Board  of  Charity  to  supervise      ........     241 

support  of  State  charges  in  ........       243,  244 

three  new,  established 238,  247 

Stimulants,  commitment  of  persons  addicted  to    .          .          .          .          .          .          .     163 

Strangers,  indigent,  support  and  burial  of    .          .          .          .          .          .          .          .70 

overseers  to  relieve      ...........       69 

to  work  in  return  for  food  and  lodging  .......       74 

Subsidy  to  cities  and  towns  in  tuberculosis  cases  .......     249 

Succession  to  property,  rights  of  adopted  child      .......     276 

Suffolk  School  for  Boys,  commitments  to     .          .          .          .          .          .          .          .40 

order  of  commitment  to,  suspended,  when     .......     225 

Summons  instead  of  warrant  for  boys  and  girls     .......     174 

Summons  to  parents  in  juvenile  cases  ........     195 

Supervision  of  dependent  mothers'  aid          ........       83 

Supervision  of  State  charitable  institutions  by  State  Board  of  Charity    .          .          .     127 
Support,  of  children  at  Massachusetts  Hospital  School  .....     230 

of  family,  complaints  for  failure   .........     120 

of  illegitimate  children 88, 93 

of  illegitimate  children,  liability  of  father  for  ......       96 

of  illegitimate  children,  penalty  for  neglect    .......       96 

of  inmates  of  county  training  schools    ........       30 

of  lepers  by  the  State  ..........     253 

of  parents,  failure  punishable        .........       87 

of  paupers  ............       63 

of  paupers,  kindred  to  be  assessed  for,  by  court      ......       67 

of  paupers,  liability  of  cities  and  towns  to  persons  aiding          .          .          .          .77 

of  paupers,  penalty  for  false  representation    .......       79 

of  poor  Indians  ............     147 

of  State  charges  in  State  tuberculosis  sanatoria       .....       243,  244 

Syphilitics,  provision  for  treatment  of  ........       45 


314  INDEX. 


T 

-1-  •  PAGE 

Taxation,  exemption  of  charitable  corporations  from     .-         .          ..         .    : .     .          .         4 

Temporary  aid.     See  "Support  of  Paupers." 

Temporary  care  of  indigent  and  neglected  children        .          .          .          .          .          .117 

Temporary  guardian,  appointment  of  .          .          .          .  .    .      .          .     261 

powers  and  duties  of  .          .          .          .          .          .          .          .          .          .  ^       .     263 

Temporary  mittimus  to  State  Board  in  juvenile  cases    ......     192 

Term  of  detention  in  State  training  schools  .          .          .          .          .          .          .     180 

Testamentary  guardian,  appointment  of  .          .          .          .          .          .          .     260 

Training  schools,  county    ...........       23 

commitments  to 26,  28,  30 

discharges  from  ...........       33 

support  of  inmates  of  ..........       30 

temporary  release  for  illness  in  family  ........       34 

vicious  inmates  may  be  sent  to  State  training  schools      .....       13 

Training  schools,  State  (see  "  State  Training  Schools  ").....     169 

Tramps  and  vagrants,  in  almshouses  .          .          .          .          .          .          .          .          .7,11 

penalty  for  failure  to  work  ..........       75 

to  perform  work  in  return  for  food  and  lodging       ......       75 

Transfer  of  infirm  prisoners         ..........     282 

Transfers  to  Industrial  School  for  Boys        .          .          .          .          .          .          .          .211 

Transfers  from  Massachusetts  training  schools      .....  .     226 

Trespassing  upon  land  of  State  institutions  forbidden    ......     217 

Trial,  separate,  for  juvenile  offenders  .......  .174 

Truant  officers,  appointment  of  .          .          .          .          .          .          .          .          .          .37 

Truant  schools.     See  "County  Training  Schools." 

Truants,  continuances  in  cases  against          ........     225 

habitual 26 

may  be  apprehended  without  a  warrant          .......       39 

to  be  committed  to  county  training  schools  only     ......       26 

to  be  placed  on  probation,  when  .........       30 

Truants  and  truant  schools,  county     ..........       23 

names  established        ...........       22 

Trust  funds  of  Lyman  and  Industrial  Schools,  State  Treasurer  to  receive  and  invest     188 
Trustees,  of  estates,  suits  against         .........     265 

of  Hospitals  for  Consumptives,  appointment  of       ......     245 

of  Hospitals  for  Consumptives  may  take  land          ......     246 

of  Industrial  School  for  Boys,  appointment  of         ....         169,  209,  218 

of  Massachusetts  Hospital  School,  appointment,  powers,  etc.  .          .          .       228,  229 

of  Massachusetts  Training  Schools        .          .          .          .  .          .          .       169,  218 

of  Massachusetts  Training  Schools,  to  act  as  guardian,  when  ....     227 

of  Norfolk  State  Hospital,  appointment  of  .          .          .          .          .          .168 

of  State  Farm 143,  151 

of  State  Infirmary 143,  151 

Tubercular  prisoners,  camp  at  Rutland  for,  established  .....     158 

Tuberculosis,  compulsory  notification  of       ........       45 

dispensaries  standardized     ..........     250 

hospitals,  building  by  cities  and  towns  encouraged  .....     249 

subsidy  to  cities  and  towns  .........     249 

three  new  sanatoria  established    .........     247 

Tuition  for  schooling  of  children,  rate  of  reimbursement         .          .          .          .          .21 


INDEX.  315 


•  PAGE 

Uniform  desertion  act         ...........  121 

to  apply  to  cases  of  failure  to  support  parents         ......  87 

to  apply  to  maintenance  of  illegitimate  children  ......  93 

Unsettled  infants,  custody  of      ..........  105 

y. 

Vagabonds,  may  be  committed  to  State  Farm       .......  153 

in  State  Farm  without  settlement,  removal    .......  154 

Vagrant  girls,  commitment  of     ..........  178 

Vagrants  and  tramps,  in  almshouses    .          .          .          .          .          .          .          .          .  7,  11 

penalty  for  failure  to  work  ..........  75 

to  perform  work  in  return  for  food  and  lodgings     ......  75 

Venereal  diseases,  provision  for  treatment    ........  44 

Vicious  inmates  of  county  training  schools,  transfer  to  State  training  schools  .          .  35 

Voluntary  surrender  of  infants  to  State  Board  of  Charity       .....  103 

w. 

Ward.     See  "Guardian"  and  "State  Ward." 

Wards,  minor,  of  the  State,  protection  of,  in  religious  belief  .          .          .          .          .117 

Warrants,  service  of,  for  commitment  of  insane,  etc.      ......     168 

to  apprehend  boys  and  girls          .          .          .          .          .          .          .          .          .174 

Wayfarers'  lodge  denned    .          .          .          .          .          .          .          .          .          .          .141 

Wayfarers'  lodges  and  public  lodging  houses,  inspection  of,  by  State  Board  of  Charity     141 
Wayward  child,  continuances  in  cases  against       .......     225 

denned .     190 

may  be  placed  in  care  of  probation  officer      .......     194 

Widows'  pensions.     See  "Dependent  Mothers'  Aid  Law." 

Wife  desertion  (see  "Desertion"  and  "Uniform  Desertion  Act")    ....     121 

Wife  settlement,  husband  and  wife  not  to  be  separated  .....     150 

Wills,  rights  of  adopted  child  under     .........     276 

Witness  fees  in  cases  of  juvenile  offenders     ........     197 

Wives  and  minor  children,  penalty  for  failure  to  support         .          .          .          .          .118 

desertion  and  non-support  .          .          .          .          .          .          .          .          .          .121 

Workhouses  and  almshouses  (see  "Almshouses")  ......         6 

Y. 

Young  children,  certificate  of  residence         .....  .          .     178 

commitment  of,  limited        .          .          .          .          .          .          .          .          .          .176 

powers  of  State  Board  of  Charity  regarding  .......     177 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


J1WW 

FEB  ? 


Form  L9-Series  444 


A     000  633  842 


HV 


1915 


